Ray v. State

The insistence of appellant that a reversal of the judgment of conviction from which this appeal was taken should be ordered for failure of proof of venue upon the trial cannot be sustained. The defendant below failed to bring this matter to the attention of the court as provided by Circuit and Inferior Courts Rule 35. Code 1923, vol. 4, p. 907. The sufficiency of the proof of venue cannot be considered by the appellate court in the absence of a ruling by the primary court, and exception duly reserved thereto. If there be no charge requested, or other mode of raising the question of the…