City of Roswell v. Gallegos

I concur in the result reached by the majority and with the opinion as far as it goes. However, in my view, a determination that failure to prove venue is waived by not making a timely objection only partly resolves the question presented by the failure of the prosecution to establish that the offense was committed within the corporate limits of the City of Roswell. In addition to venue, the question also presents the contention of failure of the proof to support the verdict of guilt.

Venue is merely the geographic division where a cause or prosecution must be brought and tried. Bledsoe v.…