Orr v. State

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

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.

Reference

Full Case Name
Alf Orr v. State
Cited By
2 cases
Status
Published
Syllabus
Pleading—Venue—Information is insufficient if it fails to allege the venue of the offense. That the complaint alleges the venue will not supply the omission in the information.