Ramirez v. State
224 S.W.2d 228, 153 Tex. Crim. 638, 1949 Tex. Crim. App. LEXIS 1310
Procedural entryThis page is a short order in Ramirez v. State. Read the opinion of the Court — 156 Tex. Crim. 262 →
Opinion
The appeal is from a conviction for carrying a pistol, with a fine of $100.00.
The complaint alleges and the information presents that the appellant did “carry on or about his person a pistol * * *." Allegations of this character, alleged in the disjunctive rather than the conjunctive, have always been held fatally defective. See Moseley v. State, 139 Tex. Crim. Rep. 550, 141 S. W. 2d 948.
The judgment of the trial court is reversed and the prosecution is ordered dismissed.
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Ramirez v. State, 224 S.W.2d 228, 153 Tex. Crim. 638, 1949 Tex. Crim. App. LEXIS 1310 (Tex. 1949).
224 S.W.2d 228 (Ramirez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Mosley v. State
141 S.W.2d 948 (Court of Criminal Appeals of Texas, 1940)