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Alexander v. State

113 S.W.2d 545, 133 Tex. Crim. 588, 1938 Tex. Crim. App. LEXIS 129
Procedural entryThis page is a short order in Alexander v. State. Read the opinion of the Court — 132 Tex. Crim. 1 →
Court of Criminal Appeals of Texas·Decided February 9, 1938·No. No. 19349.·Published

Opinion

HAWKINS, Judge. —

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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Alexander v. State, 113 S.W.2d 545, 133 Tex. Crim. 588, 1938 Tex. Crim. App. LEXIS 129 (Tex. 1938).

113 S.W.2d 545 (Alexander v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

U. S. Petit v. State
235 S.W. 579 (Court of Criminal Appeals of Texas, 1921)
Williams v. State
235 S.W. 1092 (Court of Criminal Appeals of Texas, 1921)