Colo. R. Crim. P. 18
Comment. The place for trying criminal cases is governed by applicable statutes or rules, such as section 18-1-202 (general venue statute), section 13-73-107 and section 13-74-107 (on statewide and judicial district grand jury indictments), section 18-2-202(2) (a) (conspiracy), section 18-3-304(4) (violation of custody orders), and section 19-2-105 (juvenile cases), as well as section 16-6-101 et seq. and Crim. P. 21 (change of venue), or the state or federal constitutions.
Colo. R. Crim. P. 18
Annotation I. General Consideration. Applied in People v. Gould, 193 Colo. 176, 563 P.2d 945 (1977); People v. Freeman, 668 P.2d 1371 (Colo. 1983). II. Place of Trial. Burden is on the state to prove venue in a criminal prosecution. Stout v. People, 171 Colo. 142, 464 P.2d 872 (1970). But venue is a matter which may be proved by positive testimony or inferred from proof of other facts. Stout v. People, 171 Colo. 142, 464 P.2d 872 (1970). For venue is a matter to be determined from all evidence in the case. Fernandez v. People, 176 Colo. 346, 490 P.2d 690 (1971). Venue may be established by circumstantial evidence. People v. Bd., 656 P.2d 712 (Colo. App. 1982). Waiver of error related to venue. Any error relating to venue, not mentioned during trial, in motion for acquittal, or in motion for a new trial, is waived, and cannot be raised on appeal. People v. Jones, 184 Colo. 96, 518 P.2d 819 (1974). Failure of county resident to pay taxes constitutes act in that county. Failure of a Pueblo county resident to pay taxes or file a return constitutes an act in Pueblo county in furtherance of the crimes charged, within the meaning of this rule. People v. Vickers, 199 Colo. 305, 608 P.2d 808 (1980).