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Court of Criminal Appeals of Texas, 1938

Alexander v. State

Alexander v. State
Court of Criminal Appeals of Texas · Decided February 9, 1938 · Hawkins
113 S.W.2d 545; 133 Tex. Crim. 588; 1938 Tex. Crim. App. LEXIS 129 (South Western Reporter, Second Series)

Alexander v. State

Opinion of the Court

HAWKINS, Judge. —

Conviction is for possessing whisky for the purpose of sale, punishment being a fine of one hundred dollars.

We observe that while the complaint alleges that appellant possessed the whisky for the purpose of sale, the information omits the italicized words, charging only that he possessed whisky. No offense is charged in the information. Petit v. State, 90 Texas Crim. Rep., 336, 235 S. W., 579; Williams v. State, 90 Texas Crim. Rep., 455, 235 S. W., 1092.

The judgment is reversed and prosecution ordered dismissed under the present information.

Reversed and prosecution ordered dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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