State v. Alderson

Midler, PresideNt :

The verdict 'of the jury was murder in the second degree of one E. K. Smithson, and the indeterminate judgment thereon complained of was that the defendant be imprisoned in the penitentiary for not less than five nor more than eighteen years.

The first point of error made is that the State failed to prove the venue, Webster County, as laid in the indictment. The evidence of several witnesses, objected to, tended to show the location of the boundary line between that county and the adjoining county by reputation, what others, some of' them living persons, had said about the…