Mooney v. State

The prosecution is in Morgan county. The defendant requested the court to give the general affirmative charge in his behalf stating to the court, at the time of making the request, that the venue had not been proven. The court refused to give this charge, and this refusal presents the sole question for consideration here. Venue is not a part of the corpus delicti, but is one of the material allegations of an indictment which must he proven to the satisfaction of the jury beyond a reasonable doubt. In the absence of such proof the defendant cannot he convicted if he seasonably brings the…