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153 Tex. Crim. 638

Ramirez v. State

Court of Criminal Appeals of Texas

Decided November 16, 1949

Court of Criminal Appeals of Texas · decided 1949-11-16

Relies on Mosley v. State

Decided 1949-11-16

BEAUCHAMP, Judge.

¶1The appeal is from a conviction for carrying a pistol, with a fine of $100.00.

¶2The complaint alleges and the information presents that the appellant did “carry on or about his person a pistol ." Allegations of this character, alleged in the disjunctive rather than the conjunctive, have always been held fatally defective. See Moseley v. State, 139 Tex. Crim. Rep. 550, 141 S. W. 2d 948.

¶3The judgment of the trial court is reversed and the prosecution is ordered dismissed.

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