Court of Criminal Appeals of Texas, 1926

Smith v. State

Smith v. State
Court of Criminal Appeals of Texas · Decided February 17, 1926 · Hawkins
280 S.W. 581 (South Western Reporter)

Smith v. State

Opinion of the Court

HAWKINS, J.

Appeal is from a conviction for unlawfully carrying a pistol, the punishment being a fine of $100.

Prosecution was by complaint and information. The complaint recites that affiant has “good reason to believe” that appellant committed the offense charged, but omitted the further allegation required by the statute, “and does believe.” Subdivision 2, art. 222, C. C. P. 1925 Revision. This defect was pointed out by motion in arrest of judgment which was overruled. It should have beert sustained. Smith v. State, 76 S. W. 436, 45; Tex. Cr. R. 411; Tompkins v. State (Tex. Cr. App.) 77 S. W. 800; Green v. State, 136 S. W. 467, 62 Tex. Cr. R. 50; Ex parte Ross, 261 S. W. 1042, 97 Tex. Cr. R. 451.

The judgment is reversed, and the prosecution ordered dismissed.

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