Martin v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE. Commissioner.

In our opinion on original submission we reversed the judgment of conviction and remanded the cause for another trial because the state failed to prove venue.

In this motion for rehearing appellant insists that we were in error in failing to order the prosecution dismissed. Appellant insists that because the trial court should have granted his motion for an instructed verdict by reason of the state’s failure to prove venue, it is fundamentally unfair for him to again stand trial. He also insists that the question presented is one of…