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Martin v. State

385 S.W.2d 260, 1964 Tex. Crim. App. LEXIS 1183
CourtCourt of Criminal Appeals of Texas
DecidedNovember 4, 1964
Docket37199
StatusPublished
Cited by30 cases

This text of 385 S.W.2d 260 (Martin v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. State, 385 S.W.2d 260, 1964 Tex. Crim. App. LEXIS 1183 (Tex. 1964).

Opinions

[261]*261McDonald, judge.

The offense is rape; the punishment, life imprisonment in the state penitentiary.

The state has confessed error in this case for the reason that venue was not proved. Appellant made a motion for an instructed verdict upon the grounds that venue was not proved and made an issue during the trial of the case. Appellant has also brought forward this contention by formal bill of exception. This question is properly before us for review. We agree with the state’s position.

The issue having been properly raised in the trial court, we are not permitted to presume that venue was proven as provided in Art. 847, Vernon’s Ann.C.C.P.

The judgment is reversed and the cause remanded.

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Bluebook (online)
385 S.W.2d 260, 1964 Tex. Crim. App. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-texcrimapp-1964.