For aught that appears in the evidence, the alleged offense may have been committed in Maine or Mexico. The venue is a material averment in every indictment, and, being material, must be proved as laid. (4 Texas, 451; 14 Texas, 406 ; Austin term, 1868.)

The motion for a new trial ought to have been granted. The judgment is reversed and a new trial awarded.

Keversed and remanded.