Dodson v. State

118 So. 620, 151 Miss. 548, 1928 Miss. LEXIS 364
CourtMississippi Supreme Court
DecidedNovember 5, 1928
DocketNo. 27504.
StatusPublished
Cited by2 cases

This text of 118 So. 620 (Dodson v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodson v. State, 118 So. 620, 151 Miss. 548, 1928 Miss. LEXIS 364 (Mich. 1928).

Opinion

Pack, J.

Appellant was tried and convicted upon an indictment charging him with the unlawful possession of intoxicating liquor. The record discloses- that the state wholly failed to prove venue. Neither the county nor the state was mentioned anywhere in the testimony. It was incumbent upon the state to prove venue, and *549 failing to do so is jurisdictional, and may be raised for the first time in this court. Horton v. State, 123 Miss. 525, 86 So. 338; Monroe v. State, 103 Miss. 759, 60 So. 773; Quillen v. State, 106 Miss. 831, 64 So. 736.

It follows that the judgment of the court below will be reversed, and the cause remanded.

Reversed and remanded.

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Related

Street v. State
48 So. 2d 358 (Mississippi Supreme Court, 1950)
Johnson v. State
191 So. 115 (Mississippi Supreme Court, 1939)

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Bluebook (online)
118 So. 620, 151 Miss. 548, 1928 Miss. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodson-v-state-miss-1928.