Ussery v. State

The appellant was indicted and convicted for the unlawful sale of intoxicating' liquors.

There was a failure in the county court, where the trial took place, to prove that the offense took place in the state of Mississippi. The venue is jurisdictional in criminal cases and may be availed of on appeal for the first time, and if the venue.is not proven either by direct or circumstantial evidence to the extent required by law, the judgment will be reversed for a. failure to prove venue. When circumstantial evidence is relied upon, to prove venue, it must not only be consistent with the theory…