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25 Tex. Ct. App. 454

Smith v. State

Court of Appeals of Texas

Decided May 23, 1888

Court of Appeals of Texas · decided 1888-05-23

Tried below before the Hon. W. W. Moores, County Judge. The conviction was for gaining, and the penalty assessed against the appellant was a fine of ten dollars.

Decided 1888-05-23

White, Presiding Judge.

¶1In this case the Assistant Attorney General confesses error in that the information fails to sufficiently allege the venue of the offense. The venue is properly and sufficiently alleged in the complaint, but this does not cure the defect in the information. (Lawson v. The State, 13 Texas Ct. App., 83.)

¶2The information will be quashed, but, the affidavit or complaint being good, the prosecution will not be dismissed. The judgment will be reversed in order that the prosecution may file a new information, if so desired. A good affidavit is not vitiated by a bad information. (Johnson v. The State, 19 Texas Ct. App., 545; Orr v. The State, ante, 453.)

¶3Beversed and remanded.

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