Laury v. State
Laury v. State
Opinion of the Court
OPINION
Appellant waived trial by jury and entered a plea of guilty before the court to the offense of unlawfully selling beer in a dry area as proscribed by Art. 666-4(b), Vernon’s Ann., of the Liquor Control Act. Punishment was assessed at thirty (30) days in jail.
Neither the complaint nor the information alleges the name of the purchaser of the beer. The content of the allegation is only that appellant “did then and there unlawfully sell an alcoholic beverage, to-wit: beer . . . . ” Under Arts. 21.12 and 21.23, Vernon’s Ann.C.C.P., in order “to charge an unlawful sale, it is necessary to name the purchaser.”
The only exception to this requirement is that such allegation is not necessary where the name of the purchaser is unknown, but in such event the pleading must so allege. Barnett v. State, 156 Tex. Cr.R. 396, 242 S.W.2d 885 (1951).
Since the name of the purchaser is not alleged, the information is fatally defective. Barnett v. State, supra; Wilson v.
The information being fatally defective, the judgment is reversed and the prosecution ordered dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.