Overcash v. State

Eberhardt, Judge.

The general grounds are without merit. The evidence amply establishes the commission of the offense charged in the accusation.

The one special ground of the motion urges that there was failure on the part of the State to prove the venue of the offense. It is elementary, requiring no citation of authority, that venue is an essential element to be proven in any criminal case and that the burden is upon the State to prove it in order to sustain a conviction.

This brings up the question of where venue is properly laid in this particular offense. We think the matter is settled by…