Court of Criminal Appeals of Texas, 1954

Herring v. State

Herring v. State
Court of Criminal Appeals of Texas · Decided December 15, 1954 · Woodley
160 Tex. Crim. 597

Herring v. State

Opinion of the Court

WOODLEY, Judge.

The conviction is for the violation of Art. 5221 b-14, V.A.C.S.; the punishment, a fine of $30.

The information is fatally defective. It does not conclude “against the peace and dignity of the State” as required by Art. 414, V.A.C.C.P. and Art. V, Sec. 12, of the Constitution of Texas.

See Reese v. State, 139 Texas Cr. Rep. 593, 141 S.W. 2d 949, and other authorities listed under Art. V, Sec. 12, Note 5, Vernon’s Annotated Constitution of Texas, and Art. 414, Note 14, V.A.C.C.P.

The judgment is reversed and the cause is remanded.

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