Mitchell v. State

Tbe defendant, appellant, was charged in the first count of the indictment with distilling and in the second count with having in his possession a still. to be used for manufacturing prohibited liquors.

There was evidence for the state that the alleged offense was committed in Talladega county, and evidence for the defendant that it was in Clay county. When there is no proof of venue, it is, when properly presented, a question for the court to pass upon; hut when, as in the instant case, it is a question of the sufficiency of the evidence to prove the venue, it becomes a question for tbe jury,…