In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: II, Section 24, of the Montana Constitution provides that "in all criminal prosecutions, the accused shall have the right to ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed ..." (Emphasis added.) In Montana, it is firmly established that venue, although not an element of the crime, is a "jurisdictional fact" that must be established at trial beyond a reasonable doubt. State v. Price, 2002 MT 229, 11, 311 Mont. 439, 11, 57 P.3d 42, 11; State v. Johnson (1993), 257 Mont. 157, 161, 848 P.2d 496, 498. However, this Court has recognized that direct evidence that an offense was committed in a particular county is not required to prove venue. State v. Keeland (1909), 39 Mont. 506, 513, 104 P. 513, 516 (<HOLDING>); Johnson, 257 Mont. at 161, 848 P.2d at 498
Holding statements: (A) holding that evidence which suggests but does not prove a discriminatory motive is circumstantial evidence by definition (B) holding testimony that defendant delivered cocaine maybe 20 or 30 times was sufficient to support conviction (C) holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction (D) holding that circumstantial evidence maybe sufficient to prove venue (E) holding that such circumstantial evidence may be used to prove discrimination
A:
holding that evidence which suggests but does not prove a discriminatory motive is circumstantial evidence by definition