Berry v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment confinement in the penitentiary for two years.

One question is presented for review. Appellant claims the venue was not proven. It does not appear that the question of venue was made an issue on the trial of the case. No bill of exception presenting the matter is brought forward. Article 847, C. C. P., provides in part:

“The court shall presume that the venue was proved in .the court below, * * * unless such matters were made an issue in,the court below, unless it affirmatively appears to the contrary by bills of…