State v. Nettles

Mar 15, 1889
No. 10,285
Reporters:
Before:
Poché

The opinion of the Court was delivered by

Poché, J.

The complaint of the accused in this case is ‍‌‌‌​‌‌‌​‌​‌​​‌​​​​​​​‌​‌​‌​​​​‌​‌​‌​‌​‌​‌​‌‌​‌​​​​‌‌​‌​‌‌​​‌‌‌‌​‌‌‌​​‌​‌​‌‌​‌​‌‌‌​​​‌​‌‌‌​‌​‌‌​​‍that there was no proof of the venue of the commission of the offense charged against Mm.

This is a fact which belongs exclusively.to the province of the jury, and with which we have no possible ‍‌‌‌​‌‌‌​‌​‌​​‌​​​​​​​‌​‌​‌​​​​‌​‌​‌​‌​‌​‌​‌‌​‌​​​​‌‌​‌​‌‌​​‌‌‌‌​‌‌‌​​‌​‌​‌‌​‌​‌‌‌​​​‌​‌‌‌​‌​‌‌​​‍concern, under our limited jurisdiction in criminal cases. State vs. Taylor, 37 Ann. 40; State vs. Tanner, 38 Ann. 307.

We can but express our painful surprise to see an appeal to this court ‍‌‌‌​‌‌‌​‌​‌​​‌​​​​​​​‌​‌​‌​​​​‌​‌​‌​‌​‌​‌​‌‌​‌​​​​‌‌​‌​‌‌​​‌‌‌‌​‌‌‌​​‌​‌​‌‌​‌​‌‌‌​​​‌​‌‌‌​‌​‌‌​​‍on such a flimsy pretext, and we dismiss the subject with the remarks which we applied to the case of Williams, 38 Ann. 371, in which we were called to pass upon ‍‌‌‌​‌‌‌​‌​‌​​‌​​​​​​​‌​‌​‌​​​​‌​‌​‌​‌​‌​‌​‌‌​‌​​​​‌‌​‌​‌‌​​‌‌‌‌​‌‌‌​​‌​‌​‌‌​‌​‌‌‌​​​‌​‌‌‌​‌​‌‌​​‍the facts contributing to the guilt or innocence of the. accused: “We had indulged the hope that the last of such errors had been committed in the case of Taylor, 37 Ann. 40. ‍‌‌‌​‌‌‌​‌​‌​​‌​​​​​​​‌​‌​‌​​​​‌​‌​‌​‌​‌​‌​‌‌​‌​​​​‌‌​‌​‌‌​​‌‌‌‌​‌‌‌​​‌​‌​‌‌​‌​‌‌‌​​​‌​‌‌‌​‌​‌‌​​‍Hereafter we shall pass over such means of defense as absolutely trivial and unworthy of consideration.”

Judgment affirmed.