Jackson v. State

Court of Criminal Appeals of Texas
Jackson v. State, 306 S.W.2d 899 (Tex. Crim. App. 1957)
165 Tex. Crim. 302; 1957 Tex. Crim. App. LEXIS 2330
Belcher

Jackson v. State

Opinion of the Court

BELCHER, Commissioner.

The conviction is for carrying a pistol; the punishment, a fine of $100.

Both the complaint and information charge that the appellant did unlawfully carry “on or about” his person a pistol.

A complaint and information which charges that the accused did carry on or about his person a pistol, because of the use of the word “or” rather than the word “and”, renders such allegation uncertain and the complaint and information defective. Art. 483, Vernon’s Ann.P.C.; 44 Tex. Jur. p. 477, Sec. 34; 2 Branch (2d Ed.) Sec. 975; Evage v. State, 136 Tex.Cr.R. 318, 125 S.W.2d 295; Wilson v. State, 151 Tex.Cr.R. 570, 209 S.W.2d 598; Scott v. State, 153 Tex.Cr.R. 492, 221 S.W.2d 608.

Because of the insufficiency of the complaint and information, the judgment is reversed and the prosecution ordered dismissed.

Reference

Full Case Name
Charles JACKSON v. The STATE of Texas
Cited By
1 case
Status
Published