Childers v. State

Court of Criminal Appeals of Texas

Childers v. State

177 S.W.2d 793, 146 Tex. Crim. 619, 1944 Tex. Crim. App. LEXIS 825

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 9, 1944

DocketNo. 22751.

StatusPublished

This text of 177 S.W.2d 793 (Childers 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.

Bluebook

Childers v. State, 177 S.W.2d 793, 146 Tex. Crim. 619, 1944 Tex. Crim. App. LEXIS 825 (Tex. 1944).

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Opinion

BEAUCHAMP, Judge.

Appellant was assessed a fine of $200.00 upon a charge of driving a motor vehicle on a public highway while intoxicated.

The State’s attorney has confessed error because he says that a careful study of the record discloses “that there are no facts or circumstances which show the offense was committed within the period of time as that the prosecution would not be barred by the statute of limitation.”

We have been unable, from the statement of facts, to find any evidence as to the time the offense was committed. This was a necessary allegation in the complaint and it is one which must be proven. Womack v. State, 170 S. W. (2d) 479.

The judgment of the trial court is reversed and the cause is remanded.

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BEAUCHAMP, Judge.

Appellant was assessed a fine of $200.00 upon a charge of driving a motor vehicle on a public highway while intoxicated.

The State’s attorney has confessed error because he says that a careful study of the record discloses “that there are no facts or circumstances which show the offense was committed within the period of time as that the prosecution would not be barred by the statute of limitation.”

We have been unable, from the statement of facts, to find any evidence as to the time the offense was committed. This was a necessary allegation in the complaint and it is one which must be proven. Womack v. State, 170 S. W. (2d) 479.

The judgment of the trial court is reversed and the cause is remanded.

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Bluebook (online)

177 S.W.2d 793, 146 Tex. Crim. 619, 1944 Tex. Crim. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childers-v-state-texcrimapp-1944.