Eshom v. State
This text of 48 S.W.2d 631 (Eshom 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 possession of intoxicating liquor; punishment, two years in the penitentiary.
It was alleged in the indictment that the offense was committed on or about March 18, 1931, but the indictment was returned into court and filed on March 12, 1931, six days before the offense is averred to have been committed. Of course, there is an error somewhere in the dates, but it is fatal to the indictment.
The sixth requisite of an indictment under the provisions of article 396, C. C. P., is that “The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation.” Williams v. State, 103 Texas Crim. Rep., 117, 280 S. W. 220; Goddard v. State, 14 Texas App., 566; Robles v. State, 5 Texas App., 346; Lee v. State, 22 Texas App., 547, 3 S. W., 89.
The judgment is reversed and .the prosecution ordered dismissed under the present indictment.
Dismissed.
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Cite This Page — Counsel Stack
48 S.W.2d 631, 120 Tex. Crim. 136, 1932 Tex. Crim. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eshom-v-state-texcrimapp-1932.