Court of Criminal Appeals of Texas, 1964

Moreno v. State

Court of Criminal Appeals of Texas · Decided February 12, 1964 · No. 36537 · Woodley

375 S.W.2d 309; 1964 Tex. Crim. App. LEXIS 845 (South Western Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Ex Parte Gibson (Tex. Crim. App. 1990)
Ex Parte Millard (Tex. Crim. App. 1979)
State v. Barron (Tex. App. 1988)
Ex Parte Chance (Tex. Crim. App. 1980)
Ex Parte Legg (Tex. Crim. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

WOODLEY, Presiding Judge.

The offense is aggravated assault; the punishment, six months in jail.

The complaint alleges that the offense was committed on or about “the 7 day of March A.D. 19663.”

The allegation of an impossible date as the date of the commission of the offense will render the indictment, information or complaint fatally defective. Chadwick v. State, Tex.Cr.App., 252 S.W.2d 165, and other cases cited in 1 Branch’s Ann.P.C.2d Ed., p. 455, Sec. 454.

The complaint being fatally defective the judgment is reversed and the prosecution under the complaint and information herein is ordered dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.