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Moreno v. State

Court of Criminal Appeals of Texas
Feb 12, 1964
375 S.W.2d 309 (Tex. Crim. App. 1964)

Opinion

No. 36537.

February 12, 1964.

Appeal from the County Court at Law, No. 2, Bexar County, Charles W. Grace, J.

Abe San Miguel, Carlos C. Cadena, San Antonio, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


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.


Summaries of

Moreno v. State

Court of Criminal Appeals of Texas
Feb 12, 1964
375 S.W.2d 309 (Tex. Crim. App. 1964)
Case details for

Moreno v. State

Case Details

Full title:Manuel MORENO, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 12, 1964

Citations

375 S.W.2d 309 (Tex. Crim. App. 1964)

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