Mississippi Supreme Court, 1928

Crosby v. State

Crosby v. State
Mississippi Supreme Court · Decided October 29, 1928 · McGowen
118 So. 604; 151 Miss. 512; 1928 Miss. LEXIS 354 (Southern Reporter)

Crosby v. State

Opinion of the Court

McGowen, J.

The appellant was convicted of the crime of the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of five hundred dollars and serve thirty days in the county jail, from which he prosecutes an appeal to this court.

*513 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, 141 Miss. 600, 106 So. 827; Brasbam v. State, 140 Miss. 712, 106 So. 280; Griffin v. State, 140 Miss. 175, 105 So. 457; Horton v. State, 123 Miss. 525, 86 So. 338; Cawthon v. State, 100 Miss. 834, 57 So. 224; Allen v. State, 98 Miss. 192, 53 So. 498.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.