Montez v. State

Court of Criminal Appeals of Texas

Montez v. State

248 S.W.2d 477, 157 Tex. Crim. 300, 1952 Tex. Crim. App. LEXIS 1780

CourtCourt of Criminal Appeals of Texas

DecidedMay 7, 1952

DocketNo. 25799

StatusPublished

Cited by1 cases

This text of 248 S.W.2d 477 (Montez 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

Montez v. State, 248 S.W.2d 477, 157 Tex. Crim. 300, 1952 Tex. Crim. App. LEXIS 1780 (Tex. 1952).

Pincite

Opinion

BEAUCHAMP, Judge.

Appellant was assessed a fine of $100.00 for transporting beer in a dry area.

The complaint and information in this case allege that: “Jessie Osegeda Montez did then and there unlawfully Transporting Beer in a dry area, against the peace and dignity of the state.”

Of this complaint the state’s attorney in his brief, has said: “The complaint and information are both hopelessly inadequate to charge any offense. It is respectfully recommended that a [301]*301reversal of this conviction be had and that the prosecution be ordered dismissed.” We concur in this statement.

The judgment of the trial court is reversed and the prosecution ordered dismissed.

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