Oyervides v. State

Court of Criminal Appeals of Texas

Oyervides v. State

198 S.W. 786

CourtCourt of Criminal Appeals of Texas

DecidedNovember 21, 1917

DocketNo. 4700

StatusPublished

This text of 198 S.W. 786 (Oyervides 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

Oyervides v. State, 198 S.W. 786 (Tex. 1917).

Pincite

Opinion

MORROW, J.

[1,2] This is a prosecution on complaint and information for the offense of aggravated assault. The complaint was filed July 7, 1917, and fixed the date of the alleged offense in the following language: “On or about the 4th day of July, 191.” ' We think the court was in error in failing to sustain the motion in arrest of judgment based on the insufficiency of this complaint. Complaints of this character have been held insufficient in a number of cases. Collins v. State, 5 Tex. App. 37; Brewer v. State, 5 Tex. App. 248; Vernon’s C. C. P. art. 451, p. 196, note 10. It is essential that the pleadings upon which a criminal action is founded shall charge the date of the offense within the time in which it would not be barred by the statute of limitation. Bradford v. State, 62 Tex. Cr. R. 424, 138 S. W. 118, in which the indictment was held invalid, charging the date as the 19th day of April, one thousand, nine hundred and —. A defect of this description in the complaint is not cured by the information. Lackey v. State, 53 Tex. Cr. R. 459, 110 S. W. 903, and cases there cited

The judgment of the lower court is reversed, and the cause dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

MORROW, J.

[1,2] This is a prosecution on complaint and information for the offense of aggravated assault. The complaint was filed July 7, 1917, and fixed the date of the alleged offense in the following language: “On or about the 4th day of July, 191.” ' We think the court was in error in failing to sustain the motion in arrest of judgment based on the insufficiency of this complaint. Complaints of this character have been held insufficient in a number of cases. Collins v. State, 5 Tex. App. 37; Brewer v. State, 5 Tex. App. 248; Vernon’s C. C. P. art. 451, p. 196, note 10. It is essential that the pleadings upon which a criminal action is founded shall charge the date of the offense within the time in which it would not be barred by the statute of limitation. Bradford v. State, 62 Tex. Cr. R. 424, 138 S. W. 118, in which the indictment was held invalid, charging the date as the 19th day of April, one thousand, nine hundred and —. A defect of this description in the complaint is not cured by the information. Lackey v. State, 53 Tex. Cr. R. 459, 110 S. W. 903, and cases there cited

The judgment of the lower court is reversed, and the cause dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

198 S.W. 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oyervides-v-state-texcrimapp-1917.

Opinion

Related

Cite This Page — Counsel Stack