Stone v. State

Court of Criminal Appeals of Texas

Stone v. State

227 S.W.2d 227, 154 Tex. Crim. 338, 1950 Tex. Crim. App. LEXIS 2053

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 11, 1950

DocketNo. 24560

StatusPublished

Cited by1 cases

This text of 227 S.W.2d 227 (Stone 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

Stone v. State, 227 S.W.2d 227, 154 Tex. Crim. 338, 1950 Tex. Crim. App. LEXIS 2053 (Tex. 1950).

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Opinions

BEAUCHAMP, Judge.

The appeal is from a conviction for liquor law violation, with a fine of $1,000.

While the question was not raised by appellant in the court below nor presented on the appeal, we observe that the complaint filed in this case says that the party making it has “* * * a good reason to believe that Lloyd Stone, defendant, heretofore, on the 1st day of July, A.D. 1949 and before the making and filing of this complaint, did then and there in a dry area * * * * unlawfully transport intoxicating liquor, * * * The com[339]*339plaint nowhere alleges that affiant does believe it. Such complaints have been uniformly held to be insufficient to charge the offense.

Because of such defect, the judgment of the trial court is reversed and the prosecution is ordered dismissed.

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BEAUCHAMP, Judge.

The appeal is from a conviction for liquor law violation, with a fine of $1,000.

While the question was not raised by appellant in the court below nor presented on the appeal, we observe that the complaint filed in this case says that the party making it has “* * * a good reason to believe that Lloyd Stone, defendant, heretofore, on the 1st day of July, A.D. 1949 and before the making and filing of this complaint, did then and there in a dry area * * * * unlawfully transport intoxicating liquor, * * * The com[339]*339plaint nowhere alleges that affiant does believe it. Such complaints have been uniformly held to be insufficient to charge the offense.

Because of such defect, the judgment of the trial court is reversed and the prosecution is ordered dismissed.

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Bluebook (online)

227 S.W.2d 227, 154 Tex. Crim. 338, 1950 Tex. Crim. App. LEXIS 2053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-state-texcrimapp-1950.

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