Moreno v. State

Court of Criminal Appeals of Texas

Moreno v. State

375 S.W.2d 309, 1964 Tex. Crim. App. LEXIS 845

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 12, 1964

Docket36537

StatusPublished

Cited by7 cases

This text of 375 S.W.2d 309 (Moreno 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

Moreno v. State, 375 S.W.2d 309, 1964 Tex. Crim. App. LEXIS 845 (Tex. 1964).

Pincite

Opinion

WOODLEY, Presiding Judge.

The offense is aggravated assault; the punishment, six months in jail.

The complaint alleges that the offense was committed on or about “the 7 day of March A.D. 19663.”

The allegation of an impossible date as the date of the commission of the offense will render the indictment, information or complaint fatally defective. Chadwick v. State, Tex.Cr.App., 252 S.W.2d 165, and other cases cited in 1 Branch’s Ann.P.C.2d Ed., p. 455, Sec. 454.

The complaint being fatally defective the judgment is reversed and the prosecution under the complaint and information herein is ordered dismissed.

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