Court of Criminal Appeals of Texas, 1959

Erwin v. State

Erwin v. State
Court of Criminal Appeals of Texas · Decided June 10, 1959 · Woodley
325 S.W.2d 148; 1959 Tex. Crim. App. LEXIS 2763 (South Western Reporter, Second Series)

Erwin v. State

Opinion of the Court

WOODLEY, Judge.

The offense is the sale of whisky in a dry area; the punishment, a fine of $100.-

The complaint charges no one with the sale of whisky, the place for th.e name of the accused being blank.

The information, not being based upon a valid complaint, will not sustain a judgment of conviction. Simmons v. State, 159 Tex.Cr.R. 125, 261 S.W.2d 720.

The judgment is reversed and the prosecution is ordered dismissed.

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