
    MAYS v. STATE.
    (No. 4953.)
    (Court of Criminal Appeals of Texas.
    April 3, 1918.)
    Indictment and Information <®=123 — Venue — Allegation of.
    Where a complaint charged the offense of using profane, obscene, and indecent language over a telephone as having been committed in Wichita county, and an information founded thereon charged such offense in the county of -, a conviction must be reversed for failure of the information to allege venue as required by Vernon’s Ann. Code Cr. Proc. 1916, art. 478, subd. 5.
    Appeal from Wichita County Court; Harvey Harris, Judge.
    Edna Mays was convicted of using vulgar, profane, obscene, and indecent language over a telephone, and appeals.
    Reversed and remanded.
    T. F. Hunter, of Wichita Falls, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

By complaint and information appellant was charged with using vulgar, profane, obscene, and indecent language over a telephone, and upon trial was convicted. The complaint properly alleged that she committed the offense in Wichita county. The information, however, alleged that she committed the offense in the county of-■, and state of Texas. She attacked the information and conviction as invalid because the information did not charge that the offense was committed in said county.

The statute (article 478, subd. 5) requires as one of the requisites of an information that it must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed. This court has repeatedly held that, although the venue is properly alleged in the complaint, an information founded thereon must itself allege the venue; that the allegation of it in the complaint is not sufficient. Lawson v. State, 13 Tex. App. 83; Orr v. State, 25 Tex. App. 453, 8 S. W. 644; Smith v. State, 25 Tex. App. 454, 8 S. W. 645; and cases cited in these.

Following these decisions, this cause must be reversed and remanded, which is accordingly ordered. 
      <©s»For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     