WILLIS v. COMMONWEALTH


339 S.W.2d 174 (1960)

John WILLIS and Elmer Willis, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 7, 1960.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, for appellant.

John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., for appellee.


MOREMEN, Judge.

The question presented on this appeal invokes a determination of whether the Commonwealth failed to establish that the crime was committed in Rockcastle County where it was tried by the circuit court.

We have pointed out that venue is a jurisdictional fact which is charged in the indictment and put in issue by a plea of not guilty. Woosley v. Commonwealth, Ky., 293 S.W.2d 625. Although it is one of the elements...

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