Public-domain · open source
OpenJurist

7 Tex. Ct. App. 587

Prendez v. State

Court of Appeals of Texas

Decided July 1, 1880

Court of Appeals of Texas · decided 1880-07-01

<p>Appeal from the District Court of Webb. Tried below before the Hon. J. C. Russell.</p> <p>The opinion states the case.</p>

Decided 1880-07-01

White, P. J.

¶1Appellant was indicted in the District Court of Webb County for the theft of a cow, the property of one Margarito Sanchez, the venue of the offence being laid in Encinal County. The proof established beyond doubt that the crime was committed in La Salle and not in Encinal County, nor within four hundred yards of the county line. Neither of the two counties last named are organized, but the former (Encinal) is attached to Webb County for judicial purposes, whilst the latter (La Salle) is attached to McMullen for judicial purposes. Acts 16th Leg., pp. 22, 23, chaps. 24, 25.

¶2It is clear that the venue of the offence is not proven as alleged. Whether the evidence would have been sufficient if La Salle County had also been attached to Webb for judicial purposes, it is unnecessary to decide.

¶3Because the proof of venue does not sustain the allegation in the indictment, the judgment must be reversed and the cause remanded.

¶4Reversed and remanded.

/7/texctapp/587 · .json · Public domain