118 So. 604 | Miss. | 1928
The record in this case discloses that in the lower court the state made no effort to prove venue, and this question is raised for the first time by timely presentation to this court. This court has already adjudicated that this question may be raised by the defendant for the first time here. In all criminal cases the state must prove venue; and a failure to do so is fatal to the state's case. Dorsey v. State,
Reversed and remanded.