Bennett v. State
This text of 295 S.W.2d 217 (Bennett 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.
Opinions
This is a conviction for the sale of whisky in a wet area without a permit, the punishment being assessed at ten days in jail.
The information, as it appears in the transcript in this case, does not allege the date the offense is alleged to have been committed.
“The indictment, information and complaint, or the complaint when the prosecution is based alone upon a complaint, to be sufficient, must give the day, month, and year of the commission of the offense.” Branch’s P. C., Sec. 432.
The information, here, is fatally defective because it fails to reflect the date of the offense.
The judgment is reversed and the cause is remanded.
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Cite This Page — Counsel Stack
295 S.W.2d 217, 163 Tex. Crim. 638, 1956 Tex. Crim. App. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-state-texcrimapp-1956.