Legal Opinion

State v. Chilton

Missouri Court of Appeals

Decided January 21, 1890Published

Appeal from, the Texas Circuit Court. — How. 0. C. Bland, Judge. It devolves on tbe state, to prove tbe venue wbicb, in tbis case, it fails to do. State v. Miller, 71 Mo. 89; State v. Hughes, 71 Mo. 633;. State v. McGinnis, 74 Mo. 245; State v. Babb, 79 Mo. 366; State v. Hughes, 82 Mo. 86; State 'o. Quaite, 20 Mo. App. 405; State v. McKay, 20 Mo. App. 149.

1Opinion of the CourtRombauer, P. J.

Tbe defendant was indicted, tried and convicted, for selling liquor without a license, and appeals. He complains of tbe insufficiency of tbe indictment, and of tbe rendition of tbe judgment against him upon insufficient proof. It is needless- to discuss tbe first point made, because we are clear that the second is well taken and necessarily results in a reversal of tbe judgment.

Upon tbe trial of tbe cause, the state gave no evidence whatever showing, or tending to show, in what *52county the alleged offense was committed. This omission, under the uniform ruling in this state, is fatal to the…

2Cases cited2 opinions

  1. State v. HughesSupreme Court of Missouri · 1884
  2. State v. McKayMissouri Court of Appeals · 1886

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