Moore v. State

ON APPELLANTS MOTION FOR REHEARING.

BEAUCHAMP, Judge.

The motion for rehearing in this cause is based on the contention that the State did not prove the offense was committed *219in Dallas County. No issue was made on this subject on the trial of the case, for which reason the presumption rests that jurisdiction was proven. Art. 847, note 5, Vernon’s Ann. C. C. P.

We do find in the record a bill of exception by which the trial court has certified “* * * that the prosecution failed to prove, and did not prove, that the alleged offense occurred in the County of Dallas and State of Texas, and the facts…