State v. Kincaid

The defendant was found guilty by a jury of the crime of statutory rape, committed upon the person of a twelve-year-old girl. A motion and supplemental motion for a new trial were overruled by the court. From a judgment of conviction and sentence to imprisonment in the penitentiary, the defendant has appealed.

The appellant’s first contention is that the state failed to prove venue, as laid in the information. There was no direct statement by any witness that the crime was committed in Whatcom county. The rule, however, is established by overwhelming authority that venue, like any other fact,…