Chadwick v. State
Cases that cite this one
2 later published cases cite this decision.
- Ex Parte Legg (Tex. Crim. App. 1978)
- Moreno v. State (Tex. Crim. App. 1964)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The offense is the possession of whiskey in a dry area for the purpose of sale; the punishment, six months’ confinement in jail and a fine of $500.
The complaint and information herein charge the offense to have occurred on the “7th day of March, 19452.”
We cannot presume against the accused that the State meant something other than what they plead.
“The allegation of an impossible date as the date of the commission of the offense will render the indictment, information or complaint fatally defective.” Branch’s Ann.P.C., Sec. 434, p. 230.
Judgment is reversed and the prosecution ordered dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.