Petty v. State
This text of 131 S.W. 215 (Petty 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.
Opinion
Appellant was convicted under a charge of keeping a disorderly house.
The affidavit charges that she kept the house on the 3d day of February, 1910. The affidavit was made by H. G. Musick, and was sworn to on the 3d day of January, 1910, and as before stated it charges the offense as having been committed on February 3d, 1910, or about thirty days after the complaint was made. It is contended for this reason the judgment must be reversed; that the complaint charges a violation of the law subsequent to making the complaint. This point is well taken. Tire complaint must charge that the violation of the law occurred prior to making the affidavit. Lanham v. State, 9 Texas Crim. App., 232; Jennings v. State; 30 Texas Crim. App., 428; Womack v. State, 31 Texas Crim. App., 41; Watson v. State, 45 S. W. Rep., 718.
The judgment is reversed and the prosecution is ordered dismissed.
Dismissed.
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Cite This Page — Counsel Stack
131 S.W. 215, 60 Tex. Crim. 64, 1910 Tex. Crim. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-state-texcrimapp-1910.