Archie D. Black, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the conviction for possession of marijuana because the State failed to prove that the offense occurred in Smith County, as required by the information. The majority held that venue must be proven by a preponderance of the evidence and that no evidence was presented to satisfy this requirement. The dissent argued that judicial notice of Tyler being in Smith County was sufficient to establish venue and would have affirmed the conviction. The case was remanded for further proceedings.