Etter v. State

Court of Criminal Appeals of Texas
Etter v. State, 297 S.W.2d 834 (Tex. Crim. App. 1957)
1957 Tex. Crim. App. LEXIS 2795
Dice

Etter v. State

Opinion of the Court

DICE, Commissioner.

The conviction is for the unlawful possession of intoxicating liquor for the purpose of sale in a dry area; the punishment, a fine of $300.

The information is fatally defective in that it does not conclude “Against the peace and dignity of the State,” as required -by Art. 414, Vernon’s Ann. C.C.P. and Art. V, Sec. 12, of the Constitution of Texas, Vernon’s Ann.St. See Reese v. State, 139 Tex.Cr.R. 593, 141 S.W.2d 949; and Herring v. State, 160 Tex.Cr.R. 597, 273 S.W.2d 421.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

Reference

Full Case Name
Gaylan ETTER v. The STATE of Texas
Cited By
1 case
Status
Published