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Favors (D) entered Weylor's property and robbed him. D was charged and tried for robbery. The prosecution did not establish that the crime had been committed in the county where D was being tried. After D had finished his closing arguments, he asked the court to instruct the jury that there had been no evidence that the crime was committed in the county in which it was being tried. D asked for a dismissal of the case. The prosecution moved to reopen the case to prove that the venue was proper. The judge granted the prosecution request. D was convicted. D appealed.

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