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163 Tex. Crim. 638

Bennett v. State

Court of Criminal Appeals of Texas · decided 1956-06-27

Cited by 1 later decisions — most recently May 1982

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1956-06-27

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DAVIDSON, Judge.

¶1This is a conviction for the sale of whisky in a wet area without a permit, the punishment being assessed at ten days in jail.

¶2The information, as it appears in the transcript in this case, does not allege the date the offense is alleged to have been committed.

¶3“The indictment, information and complaint, or the complaint when the prosecution is based alone upon a complaint, to be sufficient, must give the day, month, and year of the commission of the offense.” Branch’s P. C., Sec. 432.

¶4The information, here, is fatally defective because it fails to reflect the date of the offense.

¶5The judgment is reversed and the cause is remanded.

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