Dietz v. State

Roberts, Chief Justice.

There is no venue proved, as shown in the statement of facts contained in the transcript of the record, nor are there any facts proved from which the court could ex officio know, or from which the jury could be held to have reasonably inferred, that the transactions constituting the offense had occurred in McLennan county.

This defect is not cured by certificates of the district attorney and presiding judge that certain witnesses did prove on the trial that the facts occurred in McLennan county, which were made and filed in the District Court long after the case had been…