Steele v. State

(after stating the facts as above). The first assignment of error, to wit, that the trial court erred in overruling the demurrer of the plaintiff in error to the evidence offered by the state, is based largely on the failure of the State to prove the venue of the prosecution to have been in Major county.

The only evidence on the question of venue is to the effect that the still in which it was contended the whisky was manufactured was found in Major county on the farm of the defendant, and also that the home place of the defendant was located in Major county, but there is some evidence to the…