Dodson v. State

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.