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12 Tex. Ct. App. 226

Williams v. State

Court of Appeals of Texas

Decided July 1, 1882

Court of Appeals of Texas · decided 1882-07-01

<p>Appeal from the County Court of McLennan. Tried below before the Hon. G. B. Gerald, County Judge.</p> <p>The conviction was for assault and battery.</p>

Decided 1882-07-01

Willson, J.

¶1In this case the information and the complaint both charge that the offense was committed on the 8th day of June, 1881, and both are filed and presented in court on the 8th day of June, 1881; and there is no allegation that the offense was committed anterior to the presentment of the mformation.

¶2Repeated decisions, as well as the statute, show this information to be fatally defective because of the omission to allege that the offense was committed anterior to the filing of the information. (Code Crim. Proc. art. 430; Joel v. State, 28 Texas, 642; Nelson v. State, 1 Texas Ct. App. 556.) The judgment of conviction is reversed, and the information is dismissed.

¶3Reversed and dismissed.

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