65 Wn.2d 372, THE STATE OF WASHINGTON, Respondent, v. E. B. SMITH Appellant

[No. 37401. Department One.      Supreme Court      December 10, 1964.]

THE STATE OF WASHINGTON, Respondent, v. E. B. SMITH
                          Appellant.*

[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.

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.

PER CURIAM. -

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 Wash. 60, 62, 279 Pac. 123 (and cases cited); State v. Kincaid (1912), 69 Wash. 273, 274, 275, 124 Pac. 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.


* Reported in 397 P. (2d) 416.

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