Public-domain · open source
OpenJurist

75 Mo. 541

State v. Burgess

Supreme Court of Missouri

Decided April 15, 1882

Supreme Court of Missouri · decided 1882-04-15

<p>Venue- Judgment reversed because the venue of the offense was not proven.*</p>

Relies on State v. McGinniss

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1882-04-15

How this case has been cited

Cited by 8 later decisions — most recently February 1939

8 state decisions

50188218901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Sherwood, C. J.

¶1We reverse the judgment herein,, and remand the cause, for the reason that no venue was proven. True, it ivas in evidence that the homicide was committed in “Camden Point,” and the defendant testified that he had “ been in Platte county four or five days before the difficulty,” but it nowhere appears that “Camden Point” is in Platte county, nor is. to be inferred that-it'is in that county from the testimony of defendant as to his whereabouts for four or five days prior.to the occurrence on which the indictment is based. This ease is, therefore» on all-fours with that of State v. McGinniss, 74 Mo. 245. "We shall not rule on any other question in the case, as it may not be necessary in the event of a new trial.

All concur.
/75/mo/541 · .json · Public domain