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151 Miss. 548

118 So 620

Dodson v. State

Mississippi Supreme Court

Decided November 5, 1928

Mississippi Supreme Court · decided 1928-11-05

Cited by 2 later decisions — most recently November 1950

2 state decisions

Relies on Quillen v. State · Monroe v. State · Horton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1928-11-05

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Pack, J.

¶1 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 *549 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.

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

¶3 Reversed and remanded.

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