Herring v. State

Court of Criminal Appeals of Texas

Herring v. State

160 Tex. Crim. 597

CourtCourt of Criminal Appeals of Texas

DecidedDecember 15, 1954

DocketNo. 27,250

StatusPublished

This text of 160 Tex. Crim. 597 (Herring 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

Herring v. State, 160 Tex. Crim. 597 (Tex. 1954).

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Opinion

WOODLEY, Judge.

The conviction is for the violation of Art. 5221 b-14, V.A.C.S.; the punishment, a fine of $30.

The information is fatally defective. It does not conclude “against the peace and dignity of the State” as required by Art. 414, V.A.C.C.P. and Art. V, Sec. 12, of the Constitution of Texas.

See Reese v. State, 139 Texas Cr. Rep. 593, 141 S.W. 2d 949, and other authorities listed under Art. V, Sec. 12, Note 5, Vernon’s Annotated Constitution of Texas, and Art. 414, Note 14, V.A.C.C.P.

The judgment is reversed and the cause is remanded.

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WOODLEY, Judge.

The conviction is for the violation of Art. 5221 b-14, V.A.C.S.; the punishment, a fine of $30.

The information is fatally defective. It does not conclude “against the peace and dignity of the State” as required by Art. 414, V.A.C.C.P. and Art. V, Sec. 12, of the Constitution of Texas.

See Reese v. State, 139 Texas Cr. Rep. 593, 141 S.W. 2d 949, and other authorities listed under Art. V, Sec. 12, Note 5, Vernon’s Annotated Constitution of Texas, and Art. 414, Note 14, V.A.C.C.P.

The judgment is reversed and the cause is remanded.

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Bluebook (online)

160 Tex. Crim. 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herring-v-state-texcrimapp-1954.

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