191 Ind. 56 | Ind. | 1921
Appellant was charged and convicted of the crime of receiving stolen property “at the' County of Allen, in the State of Indiana.”
The sole question presented arises on the motion for a new .trial, and is, Does the evidence sustain the venue ?
The evidence shows that the property was taken from the Nickel Plate Railroad at New Haven; that the goods were found at the place of business of appellant on Lafayette street; that some of the stolen property was also found at 812 Buchanan street.
The state relies upon Cluck v. State (1872), 40 Ind. 263; but an examination of this case discloses that the evidence showed that the crime was committed in the city of Indianapolis and the venue of the cause was Marion county. This was held sufficient.
The state also cites Beavers v. State (1877), 58 Ind. 530. An examination of this case shows that the prisoner and the deceased left Scott county on the evening of November 3,1877, by railway, going toward Jefferson county; that on the next day the prisoner was in Jefferson county, and the body of the deceased was found in Jefferson county. This was held sufficient to establish the venue in the latter county.
There being no evidence to establish the venue in the instant case, the court erred in overruling appellant’s motion for a new trial.
Judgment is reversed, with instructions to the trial court to sustain appellant’s motion for a new trial.