Court of Criminal Appeals of Texas, 1949

Ramirez v. State

Ramirez v. State
Court of Criminal Appeals of Texas · Decided November 16, 1949 · Beauchamp
153 Tex. Crim. 638; 224 S.W.2d 228; 1949 Tex. Crim. App. LEXIS 1310

Ramirez v. State

Opinion of the Court

BEAUCHAMP, Judge.

The appeal is from a conviction for carrying a pistol, with a fine of $100.00.

The complaint alleges and the information presents that the appellant did “carry on or about his person a pistol * * *." Allegations of this character, alleged in the disjunctive rather than the conjunctive, have always been held fatally defective. See Moseley v. State, 139 Tex. Crim. Rep. 550, 141 S. W. 2d 948.

The judgment of the trial court is reversed and the prosecution is ordered dismissed.

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