Jackson (D) and another attempted to murder Bryan in Cincinnati by giving her cocaine. D and the other party then moved her across state lines to Kentucky where they decapitated her. The evidence was unclear as to the time of death and whether Bryan died in Ohio or Kentucky. This was important because a trial for murder must take place at the place of death. D was indicted in Kentucky for murder. D was convicted. D petitioned for a rehearing. D argued that he could not be convicted or murder in Kentucky; he had no intent to kill in that state but only an intent to make identification impossible.