Cox v. State

ON MOTION FOR REHEARING

GRAVES, Judge.

The State has filed a vigorous motion for a rehearing herein, in which it is contended that we were in error when we held as a matter of proof that this offense was committed, if at all, within the State of New Mexico and not in the State of Texas.

Venue need not be proven beyond a reasonable doubt. See Branch’s Penal Code, Sec. 450; also proof of venue may be made by inference. We quote Sec. 451, p. 235, Branch’s Penal Code:

“It is not required that venue should be established by direct testimony nor that it should be proved beyond a reasonable doubt. Venue…