Court of Civil Appeals of Texas, 1888

Orr v. State

Orr v. State
Court of Civil Appeals of Texas · Decided May 23, 1888 · Willson
25 Tex. Ct. App. 453; 8 S.W. 644; 1888 Tex. Crim. App. LEXIS 82

Orr v. State

Opinion of the Court

Willson, Judge.

There is no allegation of the venue of the -offense, and therefore the information is fatally defective. (Code Crim. Proc., art. 430, subdiv. 5; Robins v. The State, 9 Texas Ct. App., 666; Collins v. The State, 6 Texas Ct. App., 647; Jack v. The State, 3 Texas Ct. App., 72.) In the complaint the venue is properly alleged, but this does not supply the want of such allegation in the information. (Lawson v. The State, 13 Texas Ct.. App., 83.)

Because of the defect in the information, the judgment is reversed; but, as the complaint is a sufficient one, another information may be based upon it, and the prosecution is not, therefore, dismissed, but the cause is remanded that a new information may be - presented, should the county attorney see proper to do so. (Johnson v. The State, 19 Texas Ct. App., 545.)

Reversed and remanded.

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