Thompson v. State

Decided November 28, 1883

Court of Appeals of Texas · decided 1883-11-28

Tried below before the Hon. D. H. Lane, County Judge. The information charged appellant and Wallace Thompson jointly with an aggravated assault upon W. T. McKinney. The appellant, being alone upon trial, was convicted and fined in the sum of twenty-five dollars.

Decided 1883-11-28

¶1ON MOTION POR RE-HEARING.

Willson, Judge.

¶2In affirming the judgment in this case, on a former day of the term, a fatal defect in the information was overlooked. The information concludes “ against the peace and dignity of State,” instead of “against the peace and dignity of the State.” In Wallace Thompson v. The State, decided by this court at its present term (ante, p. 39), a precisely similar information was held to be bad. We therefore grant the motion for re-hearing; and, because the information is substantially and fatally defective, the judgment is reversed and the prosecution is dismissed.

¶3Reversed and dismissed.