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12 Tex. Ct. App. 26

Bates v. State

Court of Appeals of Texas

Decided July 1, 1882

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

Tried below before the Hon. E. N. Wilson, County Judge. The prosecution was for aggravated assault and battery, and the punishment assessed was a fine of $25. The information, as originally drawn, charged that the affidavit showed the inculpatory acts, instead of itself charging them. The so-called amendment allowed the county attorney to interpolate the words “by this information,” so as to obviate the defect.

Cited by 1 later decisions — most recently October 1994

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-07-01

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White, P. J.

¶1It is expressly provided by statute that no matter of substance in an indictment or information can be amended. Code Crim. Proc. art. 550. If it cannot be amended when defectively or insufficiently stated, a fortiori, an indictment or information which states *27and charges no offense whatever cannot be amended so as to make it state an offense, without violating the statute. Brown v. State, 11 Texas Ct. App. 451. The motion to quash the information should have been sustained.

¶2Another ground for reversal of the judgment is that the record fails to show any plea by or in behalf of defendant, presenting an issue for trial. Such error, attributable to whatever source it may be, is inexcusable at this day in the light of the many and oft-repeated decisions upon the subject. The judgment is reversed and the cause remanded.

¶3Reversed and remanded.

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