803.2  Place of trial--general.

1.  A criminal action shall be tried in the county in which the crime is committed, except as otherwise provided by law.

2.  The court, may on its own motion or on the motion of any of the parties to the proceeding reconsider and grant a pretrial motion for change of venue whenever it appears during jury selection that sufficient grounds would exist for granting the motion under the provisions of R.Cr.P. 10.

3.  All objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue. However, if venue is changed pursuant to subsection 2, all objections to venue in the county to which the action is transferred are waived by a defendant unless the defendant objects by a motion for change of venue filed within five days after entry of the order transferring the action and secures a ruling by the trial court on the motion before a jury has been impaneled and sworn.

Section History: Early form

  [R60, § 4502; C73, § 4156; C97, § 5154; C24, 27, 31, 35, 39, § 13449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 753.2; C79, 81, § 803.2; 82 Acts, ch 1021, § 7, 12(1)]


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