Ward v. State
Ward v. State
Opinion of the Court
Plaintiff in error in.this case was. convicted in the county court of Pottawatomie county of the offense of illegally selling alcohol to one R.' S. Wright.
He asks a reversal in this court, first, on the ground that the state failed to prove the venue; but we cannot agree with this contention. While the direct question was not asked as to the county and state in which the transaction occurred, yet there are numerous statements which show conclusively that the transaction testified to and of *82 which the plaintiff in error was convicted occurred in Tecumseh, Okla.; ánd courts will take judicial knowledge-of the boundary lines of counties and the location of county seats. Fuller v. Territory, 2 Okla. Cr. 86, 99 Pac. 1098. While it is always a simple matter, and is much the safer plan, for the state to prove venue directly and positively, yet the one essential test is whether or not the venue has in some way been proved, and if it is proved by circumstances or indirect statements which fix the venue, the requirements of the law have been met. Brunson v. State, 4 Okla. Cr. 467, 111 Pac. 988; Gritts v. State, 6 Okla. Cr. 534, 118 Pac. 673, 120 Pac. 669.
Upon an examination of the record we fail to find any prejudicial or reversible error. The judgment is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.