Green v. State

It is insisted that the defendant is entitled to the general affirmative charge because the venue was not proven. The omission to make this proof was not called to the attention of the trial court. The court will not be put in error for a failure to give the general charge on this ground. Circuit Court Rule 35.

A question of more serious import arises in a consideration of defendant's plea of former conviction. The evidence discloses that the defendant was in possession of a gallon of whisky, which he had on his person,- and of five bottles of whisky which was found in his house, all on the…