McIntosh v. State

LATTIMORE, Judge.

Appellant was convicted of statutory rape in the District Court of Upshur County and his punishment fixed at imprisonment in the penitentiary for life, and he appeals.

Appellant’s first contention is that the indictment is bad because the same was returned by the grand jury of Smith County and same charges that the offense was committed in Wood County. This court takes judicial cognizance of the fact that Wood and Smith Counties are in the same judicial district; by the express terms of article 254, C. C. P., which has been held to be constitutional by this court, a…