Court of Criminal Appeals of Texas, 1957

Jackson v. State

Jackson v. State
Court of Criminal Appeals of Texas · Decided November 13, 1957 · Belcher
306 S.W.2d 899; 165 Tex. Crim. 302; 1957 Tex. Crim. App. LEXIS 2330 (South Western Reporter, Second Series)

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.

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