Breinig v. State

The main contention presented by counsel in argument, and regarded by the Court of Appeals as the chief question in the case, is: Did the trial court commit error in. permitting the indictment to be amended so as to show the venue or county in which the offense was committed?

The defect in the original indictment was challenged by the defendant’s counsel in various forms and at various stages of the trial. Under our present Code of Criminal Procedure an accused may be prosecuted for embezzlement either in the county in which it occurred or in the county in which he was required to account to…