Carlisle v. State

The appellants were indicted in the Spencer circuit court for murder. The case was transferred to the court below by change of venue. The indictment charges the offense to have been committed “at and in the said county of Spencer.” The defendants were tried and convicted on a plea of not guilty. A motion for a new trial was overruled.

The evidence tended to prove that the crime was committed on the Ohio river, outside the territorial limits of *56Spencer county, but opposite thereto. This testimony was admitted over the objection of the defendants.

The court below refused to charge the jury, that…