SAUCIER v. STATE

Draughn Waller, for appellant. This case was first tried in the justice court of Beat 3, Forrest county, and from that justice court it was appealed to the circuit court of said county, and in the trial of said cause the state failed to introduce any testimony to show or to prove jurisdiction. We submit that this court will reverse this cause for lack of testimony on the question of jurisdiction. This court has repeatedly held that venue is a jurisdictional question and may be raised for the first time in the supreme court. See Monroe v. State, 103 Miss. 759, 60 So. 773; Ellzey v. State, 110 Miss. 502, 70 So. 579; Kyle v. Calhoun City, 123 Miss. 542, 86 So. 340; Norwood v. State, 129 Miss. 813, 93 So. 354; Pickle v. State, 102 So. 4; O'Neil v. State, 140 Miss. 182, 105 So. 496; Webb v. State, 108 So. 442. We submit, therefore, the cause for the consideration of the court.