Home/Court of Appeals of Texas/Smith v. State

Smith v. State

8 S.W. 645, 25 Tex. Ct. App. 454, 1888 Tex. Crim. App. LEXIS 83
CourtCourt of Appeals of Texas
DecidedMay 23, 1888
DocketNo. 5862
StatusPublished
Cited by2 cases

This text of 8 S.W. 645 (Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. State, 8 S.W. 645, 25 Tex. Ct. App. 454, 1888 Tex. Crim. App. LEXIS 83 (Tex. Ct. App. 1888).

Opinion

White, Presiding Judge.

In this case the Assistant Attorney General confesses error in that the information fails to sufficiently allege the venue of the offense. The venue is properly and sufficiently alleged in the complaint, but this does not cure the defect in the information. (Lawson v. The State, 13 Texas Ct. App., 83.)

The information will be quashed, but, the affidavit or complaint being good, the prosecution will not be dismissed. The judgment will be reversed in order that the prosecution may file a new information, if so desired. A good affidavit is not vitiated by a bad information. (Johnson v. The State, 19 Texas Ct. App., 545; Orr v. The State, ante, 453.)

Beversed and remanded.

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

Related

Brasfield v. State
600 S.W.2d 288 (Court of Criminal Appeals of Texas, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
8 S.W. 645, 25 Tex. Ct. App. 454, 1888 Tex. Crim. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-texapp-1888.