Powell v. State

Plaintiff in error, being convicted of the statutory offense of the larceny of “one bull, the property of D. C. Arrant,” sued out writ of error.

The transcript of the record shows that the State failed to prove that the offense, if committed at all, was committed in Holmes County, Florida.

Proof of venue is essential and cannot be left to guess work on the part of the jury. The only evidence on this point is:

“My name is D. C. Arrant and I live in Holmes County in the northeast corner, I think, beat 2 or 4, just over the line. I know Hub Powell and he lives in the same community where I live,…