Martin v. State

*261McDonald, judge.

The offense is rape; the punishment, life imprisonment in the state penitentiary.

The state has confessed error in this case for the reason that venue was not proved. Appellant made a motion for an instructed verdict upon the grounds that venue was not proved and made an issue during the trial of the case. Appellant has also brought forward this contention by formal bill of exception. This question is properly before us for review. We agree with the state’s position.

The issue having been properly raised in the trial court, we are not permitted to presume that venue was proven…