Legal Opinion
Vance v. State
Texas Supreme Court
Decided July 1, 1869Published
Appeal from Travis. Tried below before the. Hon. W. P. Bacon. The indictment was for the theft of six hogs. Being found guilty, his punishment was assessed by the jury at two years in the penitentiary.
1Opinion of the CourtCaldwell, J.
For aught that appears in the evidence, the alleged offense may have been committed in Maine or Mexico. The venue is a material averment in every indictment, and, being material, must be proved as laid. (4 Texas, 451; 14 Texas, 406 ; Austin term, 1868.)
The motion for a new trial ought to have been granted. The judgment is reversed and a new trial awarded.
Keversed and remanded.
2Cases cited1 opinion
- State v. WarrenTexas Supreme Court · 1855