Cox v. State
Court of Appeals of Texas
Appeal from the District Court of Lampasas. Tried below before Hon. W. A. Blackburn. This conviction was for horse theft, and the penalty assessed by the verdict was a term of ñve years in the penitentiary. The opinion sufficiently discloses the case.
1Opinion of the Court
White, Presiding Judge.
It is not essential that the venue of an offense be established by positive testimony, but only that from the facts in evidence the jury may reasonably conclude that the offense was committed in the county alleged. The doctrine of reasonable doubt does not *93apply to the issue of venue. Circumstantial evidence is as competent to establish the venue as it is to establish any other issue in the case. Willson's Crim. Stats., sec. 1719.
John Pool, State's witness, testified: “ The sorrel L F mare was eight or ten years old, and she and the gray filly (this latter being the…
2Cases cited1 opinion
- Austin v. StateTexas Supreme Court · 1874
3Cited by5 opinions
- State v. KincaidWashington Supreme Court · 1912
- State v. BrownSupreme Court of Missouri · 1932
- Downs v. StateCourt of Criminal Appeals of Texas · 1917
- Jones v. StateCourt of Criminal Appeals of Texas · 1926
- Whitfield v. StateCourt of Criminal Appeals of Texas · 1925