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39 Mo. App. 51

State v. Chilton

Missouri Court of Appeals

Decided January 21, 1890

Missouri Court of Appeals · decided 1890-01-21

<p>Criminal Law: venue. To warrant a conviction for the selling of liquor without a license, there must he evidence that the offense was committed in the county in which the indictment was found.</p>

Relies on State v. Hughes · State v. Miller · State v. McKay

Reversed (and defendant discharged) · Decided 1890-01-21

Rombauer, P. J.,

¶1delivered the opinion of tbe court. Tbe defendant was indicted, tried and convicted, for selling liquor without a license, and appeals. He complains of tbe insufficiency of tbe indictment, and of tbe rendition of tbe judgment against him upon insufficient proof. It is needless- to discuss tbe first point made, because we are clear that the second is well taken and necessarily results in a reversal of tbe judgment.

¶2Upon tbe trial of tbe cause, the state gave no evidence whatever showing, or tending to show, in what *52county the alleged offense was committed. This omission, under the uniform ruling in this state, is fatal to the verdict. State v. Milter, 71 Mo. 90; State v. Hughes, 82 Mo. 86; State v. McKay, 20 Mo. App. 149, and cases cited.

¶3The judgment is reversed and the defendant discharged.

All the judges concur.
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