found laying on his chest. Grant had sustained two fatal stab wounds that passed through her body piercing her heart and lungs. The uncontroverted evidence established they were not killed at the burial site.
The State theorized Patricia Beth Jones conspired with Omalza, her incarcerated boyfriend, to kill Grant so Grant could not testify against Jones in their pending drug case.[7] Omalza then telephoned Floyd and Flippo and told them to lure Grant and Robinson to some location on the pretext of selling them drugs. Omalza ordered Floyd and Flippo to kidnap Grant and Robinson, take them to Floyd's father's house and scare them. If Grant refused to recant her preliminary hearing testimony incriminating Jones, Floyd and Flippo were to kill them and make it look like a suicide.
Thein Cleveland County where they were found. At the time of the murders, Jones, Floyd, Flippo and Robinson were residents of, or staying in Oklahoma County.
The location of the bodies so near the Oklahoma County line, the location of Robinson's car in Oklahoma County, the system of dirt trials leading from Oklahoma County to the grave site, the residence of Jones, Floyd, Flippo and Robinson, and the absence of any evidence beyond the burial site to any other venue is sufficient to prove by a preponderance of the evidence that the murders might have been committed in Oklahoma County.[9] The evidence thus satisfies the Oklahoma Constitution and the State's burden to prove venue by a preponderance of the evidence.
We next examine Appellants' argument that venue is a jury