Shores v. State

BRICKEN, Presiding Judge.

One of the controverted propositions upon the trial of this case in the court below was the question of venue. The conviction of this appellant rested upon the testimony of the alleged injured party, and by this witness the state failed to show that the alleged offense was committed within the jurisdiction of the trial court. She, the witness, testified; “I don’t know whether it was in Marshall County or not.” Also: “I don’t know whether it was in this county or not. I don’t know about that at all.”

Venue of a crime is jurisdictional. Under the statute (section 4535,…