Dodson v. State

• Decision Date: 05 November 1928
• Docket Number: 27504
• Citation: 118 So. 620,151 Miss. 548
• Court: Mississippi Supreme Court
• Parties: DODSON v. STATE. [*]

118 So. 620

151 Miss. 548

DODSON v. STATE. ^[*]

No. 27504

Supreme Court of Mississippi

November 5, 1928

Division B

CRIMINAL, LAW. State's failure to prove venue is jurisdictional, and, may be first raised on appeal.

Failure of state, in prosecution for unlawful possession of liquor, to prove venue is jurisdictional, and may be raised for the first time on appeal.

HON. G. E. WILSON, Judge.

APPEAL from circuit court of Rankin county, HON. G. E. WILSON, Judge.

M. M. (Red) Dodson was convicted of unlawful possession of intoxicating liquor, and he appeals. Reversed and remanded.

Judgment reversed and cause remanded.

E. W. Patrick, for appellant.

J. A. Lauderdale, Assistant Attorney-General, for the state.

OPINION

PACK, J.

Appellant was tried and convicted upon an indictment charging him with the unlawful possession of intoxicating liquor. The record discloses that the state wholly failed to prove venue. Neither the county nor the state was mentioned anywhere in the testimony. It was incumbent upon the state to prove venue, and failing to do so is jurisdictional, and may be raised for the first time in this court. Horton v. State, 123 Miss. 525, 86 So. 338; Monroe v. State, 103 Miss. 759, 60 So. 773; Quillen v. State, 106 Miss. 831, 64 So. 736.

It follows that the judgment of the court below will be reversed, and the cause remanded.

Reversed and remanded.

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Notes:

^[*]Corpus Juris-Cyc References: Criminal Law, 17CJ, section 331, p. 59, n. 46.

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