From Casetext: Smarter Legal Research

State v. Smith

The Supreme Court of Washington. Department One
Dec 10, 1964
65 Wn. 2d 372 (Wash. 1964)

Opinion

No. 37401.

December 10, 1964.

[1] Criminal Law — Venue — Proof. To prove venue in a criminal prosecution, it is not essential that there be direct testimony that the offense was committed in a particular county; it being sufficient if it appears at the trial indirectly that the venue is properly laid.

See Ann. 76 A.L.R. 1034; Am. Jur., Criminal Law (1st ed. § 232).

Appeal from a judgment of the Superior Court for Franklin County, No. 2159, John T. Day, J., entered November 19, 1963. Affirmed.

Prosecution for robbery. Defendant appeals from a conviction and sentence.

Peterson, Taylor Day, for appellant.

Clarence J. Rabideau and Laurence S. Moore, for respondent.



The only issue raised is that the state failed in its proof of venue.

[1] To prove venue, it is not essential that some witness testify directly that the offense was committed in a designated county. It is enough if it appears at the trial indirectly that the venue is properly laid. State v. Stafford (1954), 44 Wn.2d 353, 356, 357, 267 P.2d 699; State v. Hardamon (1947), 29 Wn.2d 182, 188, 186 P.2d 634; State v. Hurlbert (1929), 153 Wn. 60, 62, 279 P. 123 (and cases cited); State v. Kincaid (1912), 69 Wn. 273, 274, 275, 124 P. 684 (and cases cited).

We are satisfied that the state produced evidence from which the jury could reasonably conclude that the offenses for which the defendant was on trial were committed in Franklin County.

The judgment and sentence is affirmed.


Summaries of

State v. Smith

The Supreme Court of Washington. Department One
Dec 10, 1964
65 Wn. 2d 372 (Wash. 1964)
Case details for

State v. Smith

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. E.B. SMITH, Appellant

Court:The Supreme Court of Washington. Department One

Date published: Dec 10, 1964

Citations

65 Wn. 2d 372 (Wash. 1964)
65 Wash. 2d 372
397 P.2d 416

Citing Cases

State v. Nulf

State v. Hardamon, 29 Wn.2d 182, 186 P.2d 634 (1947); State v. Brown, 29 Wn. App. 11, 627 P.2d 132 (1981);…

State v. Rogers

He felt himself aggrieved and his client prejudiced by the suggestion made by the trial court, which had…