People v. Roach

California Supreme Court Jul 1, 1874 No. No. 10,084Published

Before: Niles

AI Brief

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Holding. The court held that a conviction must be reversed when the record fails to provide any evidence that the charged offense was committed within the county where the trial took place.

Issues

Whether the failure to prove venue at trial is a fatal error requiring reversal.

Disposition. Reversed and remanded

Synopsis

Proof of Venue in Criminal Case.—In a criminal ease, the prosecution must prove that the offense was committed in the county charged in the indictment.

By the Court, Niles, J.: The record purports to set forth “ substantially all the evidence given at the trial.” There was no evidence whatever tending to show that the offense was committed in the county of Mendocino, as charged. This "omission is fatal. (People v. Parks, 44 Cal. 105; Peoples. York, 9 Cal. 421.) Judgment reversed and cause remanded for a new trial.

Mr. Justice Rhodes did not express an opinion.

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Related research

AI Brief

AI-generated · verify before citing

Holding. The court held that a conviction must be reversed when the record fails to provide any evidence that the charged offense was committed within the county where the trial took place.

Issues

Whether the failure to prove venue at trial is a fatal error requiring reversal.

Disposition. Reversed and remanded