Opinion
No. 16,979.
Filed February 2, 1943.
CRIMINAL LAW — Venue — Failure to Prove — Judgment Reversed on Appeal. — Where, in a prosecution for encouraging the delinquency of a female child under the age of 18 years, there was no direct evidence as to where the act took place, or any evidence from which it could be reasonably inferred that it took place in the county of prosecution, the judgment of conviction was reversed and a new trial ordered.
From the Allen Juvenile Court; Harry H. Hilgemann, Judge.
Clayton Boggs was convicted of encouraging the delinquency of a female child under the age of 18 years, and he appealed.
Reversed. By the court in banc.
James P. Murphy and Wayne L. Miller, both of Fort Wayne, for appellant.
George N. Beamer, Attorney General, and Norman E. Duke, Deputy Attorney General, for the State.
This is an appeal from a judgment of the Juvenile Court of Allen County finding the appellant guilty of encouraging the delinquency of a female child under the age of eighteen years.
The only question presented by this appeal is whether there is evidence that the act charged took place in Allen County. We have examined the record with care and find no direct evidence as to where the act took place, or any evidence from which it could be reasonably inferred that it took place in Allen County.
Judgment reversed with instructions to sustain appellant's motion for a new trial and for further proceedings consistent with this opinion.
NOTE. — Reported in 46 N.E.2d 246.