Higbee v. State

The appellant in this case was indicted, tried, and found guilty of an assault with intent to murder, and his punishment affixed at confinement in the penitentiary for two years.

The record contains the testimony of five witnesses, covering eight pages-of the transcript, and yet we look in vain for *408any proof of venue made in this case. The nearest and only approach to anything like such proof is the statement made by the first witness, that “We mounted our horses and rode a little distance together from said church, on the road to Cameron.”

Positive affirmative proof of venue must be made; and…