Gaines v. State

Court of Criminal Appeals of Texas

Gaines v. State

269 S.W.2d 680, 1954 Tex. Crim. App. LEXIS 2972

CourtCourt of Criminal Appeals of Texas

DecidedJune 26, 1954

DocketNo. 27079

StatusPublished

This text of 269 S.W.2d 680 (Gaines 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

Gaines v. State, 269 S.W.2d 680, 1954 Tex. Crim. App. LEXIS 2972 (Tex. 1954).

Pincite

Opinion

WOODLEY, Judge.

The conviction is for the sale of beer in a dry area; the punishment, 30 days in jail and a fine of $100.

The complaint alleged the sale of beer to James L. Douglas on or about October 16, 1953. According to the record, such complaint was sworn to on October 3, 1953, which was before the date the offense was alleged to have been committed.

The state confesses error under the authority of Bradshaw v. State, Tex.Cr.App., 243 S.W.2d 586. See also Gaines v. State, Tex.Cr.App., 269 S.W.2d 679 and Tex.Cr.App., 269 S.W.2d 679.

The judgment is reversed and the prosecution is ordered dismissed.

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