¶ 88. (concurring). I join the majority opinion with respect to its conclusion that territorial jurisdiction is satisfied in this matter. While I generally agree with the sentiments expressed by Justice Bradley's concurrence that the residual hearsay exception should he sparingly used, Justice Bradley's concurrence, ¶ 85, I nevertheless share the majority's conclusion that Patricia Ellifson's testimony bears sufficient indicia of trustworthiness.1 Majority *154op., ¶ 68.1 write separately, however, because I do not join the majority's analysis with respect to venue.
¶ 89. The purpose of a preliminary hearing is to determine whether there is probable cause that a felony has been committed by the defendant. State v. Dunn, 121 Wis. 2d 389, 394, 359 N.W.2d 151 (1984). It is a summary proceeding to determine essential or basic facts as to probability. Id. at 396-97. Probable cause is satisfied at a preliminary hearing when there exists a believable or plausible account of the defendant's commission of a felony. Id. at 398. Thus, the court must bind the defendant over for trial when a set of facts *155supports a reasonable inference that the defendant probably committed a felony. Id.
¶ 90. These principles make it clear that before bindover can be ordered, (1) there must be a reasonable inference, with the operative word being "reasonable," that (2) the defendant probably committed a felony, with the operative word being "probably." While the court does not have to choose between competing inferences, any believable or plausible account of the defendant's "commission of a felony" must necessarily lead to the conclusion that the defendant probably committed a felony. Thus, we must look at the evidence to determine whether it can be reasonably inferred that Anderson probably killed his father in Jefferson County. Probabilities, not possibilities, are what count.
¶ 91. Here is what we know from the preliminary hearing. Allen Krnak, along with his wife Donna and his son Thomas, disappeared on July 2, 1998. Krnak's skeletal remains were found in North Carolina.2 His wife and son are still missing. The last place Krnak was seen was at the Krnak residence in Jefferson County, and the last person who allegedly saw him alive was Anderson. Shortly before Krnak disappeared, while at work in Waukesha County, Krnak told a coworker that "I have to fly out of here" and that "[w]e may have to go to a funeral." There is no indication of where he would have to fly to, what he meant by that, or where any funeral might be. Krnak was scheduled to leave on vacation to the family cabin in Waushara County, though no one actually saw him there. The Krnaks' *156family vehicle was found in a large wooded area around Mirror Lake, which is in Sauk County.
¶ 92. The evidence establishes multiple inferences as to where the homicide occurred. It is entirely possible that the offense was committed in Jefferson County, where Anderson last saw his father alive. It is entirely possible that the offense occurred in Waukesha County, where Krnak's coworker last saw him alive. It is entirely possible that Krnak was killed where the family vehicle was found, in Sauk County. Krnak could have been killed en route to Waushara County, or he may have arrived and been killed there. If Krnak did indeed plan to fly out of the area (that is, actually get on a plane) to go to a funeral, he may have been killed at his arrival location. Krnak's remains were found in North Carolina, another location where he may have been killed. Inferences can be drawn to support the conclusions that the homicide may possibly have occurred in any of these locations. But what makes it "probable" that the homicide occurred in Jefferson County? There is no set of facts that supports a reasonable inference that the defendant probably committed the homicide in Jefferson County. See Dunn, 121 Wis. 2d at 398. There is simply no way to tell where Krnak was killed based on the evidence presented.
¶ 93. The legislature has apparently not contemplated a situation where one cannot discern where an offense is committed. This is certainly an area that the legislature should consider in light of the problems created by the facts of this case.3 The laws that currently exist must, however, be interpreted, considering *157the legal and practical consequences, to avoid unreasonable and absurd results. See, e.g., Strenke v. Hogner, 2005 WI 25, ¶ 48, 279 Wis. 2d 52, 694 N.W.2d 296. It would be unreasonable to interpret the venue statute in a manner that would allow a criminal to escape criminal liability because he or she got rid of the evidence while keeping quiet.
¶ 94. When the evidence adduced at a preliminary hearing fails to establish where a homicide occurred, it is reasonable to presume, in the absence of evidence to the contrary, that the death occurred at the location where the victim was last seen alive. Such a presumption would cover the multiple situations that might occur when a person is kidnapped but never found. It certainly covers the dearth of information as to where the homicide occurred in this case.
¶ 95. Venue is not an element of a criminal offense but refers to the place of trial. State v. Dombrowski, 44 Wis. 2d 486, 501, 171 N.W.2d 349 (1969). It is a matter of procedure and designates where the matter should be tried. Id. at 502. Nevertheless, on remand, venue must he proved at trial beyond a reasonable doubt. Id. While venue may be established by proof of facts and circumstances from which it may be reasonably inferred,4 such proof must be forthcoming at trial.
*158¶ 96. I would conclude that venue is proper in Jefferson County because that is where Krnak was last seen alive.
¶ 97. For the foregoing reasons, I respectfully concur.
¶ 98. I am authorized to state that Chief Justice SHIRLEY S. ABRAHAMSON joins ¶ 94 of this concurring opinion.Besides objecting on hearsay grounds, Anderson also objected to this testimony as inadmissible "904.04(2) evidence." In other words, Anderson objected to this evidence of other crimes, wrongs or acts as being inadmissible to prove his character in order to show that he acted in conformity therewith, absent a statutorily recognized exception. The majority suggests that this evidence could be used to establish Anderson's intent to kill his father, or the identity of Anderson as the killer. Majority op., ¶ 78. That may or may not be true. The preliminary hearing court chose to disregard Ellifson's preliminary hearing testimony on both hearsay and other acts evidence grounds, and the State has not advanced any arguments as to how the evidence is admissible for other acts purposes.
At trial on remand, the trial court must carefully consider whether the intent exception has been met before admitting her testimony. See State v. Sullivan, 216 Wis. 2d 768, 781-93, 576 N.W.2d 30 (1998) (establishing three-step analytical framework to determine admissibility of other acts evidence); State v. *154Watkins, 39 Wis. 2d 718, 727, 159 N.W.2d 675 (1968) ("Timeliness and similarity of situation are the important factors involved in finding evidence of prior occurrences to be relevant and thus admissible on the question of intent."); and Whitty v. State, 34 Wis. 2d 278, 294, 149 N.W.2d 557 (1967) ("We think the admissibility of prior-crime evidence does not depend upon admission or conviction for prior criminal conduct but upon its probative value which depends in part upon its nearness in time, place and circumstances to the alleged crime or element sought to be proved."). See also State v. Cartagena, 99 Wis. 2d 657, 669-70, 299 N.W.2d 872 (1981). The trial court must also establish whether Ellifson's testimony would be admissible to establish identity. See State v. Scheidell, 227 Wis. 2d 285, 305, 595 N.W.2d 661 (1999) ("In Wisconsin, the threshold measure for similarity in the admission of other acts evidence with regard to identity is nearness of time, place, and circumstance of the other act to the crime alleged."); and State v. Kuntz, 160 Wis. 2d 722, 746, 467 N.W.2d 531 (1991) ("To be admissible for the purpose of identity, the other-acts evidence should have such a concurrence of common features and so many points of similarity with the crime charged that it 'can reasonably be said that the other acts and the present act constitute the imprint of the defendant.'" (citation omitted)). See also State v. Rushing, 197 Wis. 2d 631, 647-48, 541 N.W.2d 155 (Ct. App. 1995).
See Wis. Stat. § 971.19(5) (2003-04), which provides:
(5) If the act causing death is in one county and the death ensues in another, the defendant may be tried in either county. If neither location can be determined, the defendant may be tried in the county where the body is found.
See, e.g., 4 Wayne R. LaFave et al., Criminal Procedure, § 16.1(e), at 487 (2d ed. 1999) (discussing broader legislation that provides that "where an attorney general concludes that an offense was committed somewhere within the state, but 'it is *157impossible to determine in which county it occurred, the offense may be alleged in the indictment to have been committed and may be prosecuted ... in such county as the attorney general designates.'" (citing Mich. Comp. Laws § 762.3 and Mass. Gen. Laws Ann. ch. 227, § 57A; Idaho Code § 19-304(3); Ky. Rev. Stat. § 452.620; Fla. Stat. Ann. § 910.03)).
See Smazal v. State, 31 Wis. 2d 360, 363-64, 142 N.W.2d 808 (1966); and State v. Swinson, 2003 WI App 45, 261 Wis. 633, 646, 660 N.W.2d 12.