
    Smith v. The State.
    Submitted October 3,
    Decided October 13, 1898.
    Certiorari. Before Judge Smith. Irwin superior court. July 6, 1898.
    
      Jay & Henderson, for plaintiff in error.
    
      Tom Eason, solicitor-general, and W. F. Way, contra.
   Fish, J.

The refusal to order the issuance of the writ of certiorari in a criminal case tried in the county court was error, when the petition, which purported to specify all the evidence introduced upon the trial, contained no proof of the venue, and assigned as error that the conviction of the petitioner was contrary to law and the evidence. Judgment reversed.

All the Justices concurring.  