Court of Criminal Appeals of Texas, 1955

Suzuki v. State

Suzuki v. State
Court of Criminal Appeals of Texas · Decided June 22, 1955 · Davidson
280 S.W.2d 744; 1955 Tex. Crim. App. LEXIS 2227 (South Western Reporter, Second Series)

Suzuki v. State

Opinion

DAVIDSON, Judge.

This is an appeal from a conviction for unlawfully operating a pool hall; the punishment, a fine of $25.

The complaint alleges that the offense was committed “on or about the 30 day of October, A.D. 19 — .”

Such an allegation is of an impossible date.

The case of Herron v. State, 150 Tex.Cr.R. 475, 203 S.W.2d 225, is directly in point and sustains appellant’s contention that the complaint is fatally defective and will not support a valid information.

The judgment is reversed and the prosecution ordered dismissed.

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