Thomas v. State

Court of Criminal Appeals of Texas

Thomas v. State

252 S.W.2d 162, 1952 Tex. Crim. App. LEXIS 2318

Court of Criminal Appeals of Texas·Decided October 22, 1952·No. No. 25981·Published·Cited by 1 cases

Opinion

MORRISON, Judge.

The offense is possession of beer and whiskey in a dry area for the purpose of sale; the punishment, six months in jail and a fine of $500.

Appellant contends that the information is fatally defective in that it was filed on the 12th day of May, 1952; therein, it is alleged that the offense complained of took place on the 12th day of May, 1952, and such information fails to allege that such offense took place “anterior to the filing of the information”.

Martini v. State, 151 Tex.Cr. 215, 205 S. W.2d 988, is direct authority supporting appellant’s contention.

The judgment is reversed and the cause remanded.

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

MORRISON, Judge.

The offense is possession of beer and whiskey in a dry area for the purpose of sale; the punishment, six months in jail and a fine of $500.

Appellant contends that the information is fatally defective in that it was filed on the 12th day of May, 1952; therein, it is alleged that the offense complained of took place on the 12th day of May, 1952, and such information fails to allege that such offense took place “anterior to the filing of the information”.

Martini v. State, 151 Tex.Cr. 215, 205 S. W.2d 988, is direct authority supporting appellant’s contention.

The judgment is reversed and the cause remanded.

Thomas v. State, 252 S.W.2d 162, 1952 Tex. Crim. App. LEXIS 2318 (Tex. 1952).

Pincite

252 S.W.2d 162 (Thomas v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related