Alexander v. State
This text of 113 S.W.2d 545 (Alexander v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Conviction is for possessing whisky for the purpose of sale, punishment being a fine of one hundred dollars.
We observe that while the complaint alleges that appellant possessed the whisky for the purpose of sale, the information omits the italicized words, charging only that he possessed whisky. No offense is charged in the information. Petit v. State, 90 Texas Crim. Rep., 336, 235 S. W., 579; Williams v. State, 90 Texas Crim. Rep., 455, 235 S. W., 1092.
The judgment is reversed and prosecution ordered dismissed under the present information.
Reversed and prosecution ordered dismissed.
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Cite This Page — Counsel Stack
113 S.W.2d 545, 133 Tex. Crim. 588, 1938 Tex. Crim. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-texcrimapp-1938.