Erwin v. State (325 S.W.2d 148, 1959)

Texas Court of Criminal Appeals 1959-06-10

Citations

Full opinion text

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.