Keeton v. State

Court of Criminal Appeals of Texas

Decided February 17, 1954

Court of Criminal Appeals of Texas · decided 1954-02-17

Relies on Pape v. Mid-America Preferred, Insurance Co. · Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1954-02-17

How this case has been cited

Cited by 5 later decisions — most recently September 1981

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAVIDSON, Commissioner.

¶1 This is a conviction for selling whisky in a dry area; the punishment, thirty days in jail.

¶2 The information charges only that appellant did, in a dry area, “sell whiskey.”

¶3 The name of the alleged purchaser is not stated, nor is there an allegation that the purchaser was unknown.

¶4 Such an information is fatally defective. Barnett v. State, 156 Tex.Cr.R. 396, 242 *738 S.W.2d 885; Wilson v. State, Tex.Cr.App., 242 S.W.2d 886; Arts. 406 and 416, C.C.P.

¶5 The information being fatally defective, a conviction may not be predicated thereon.

¶6 The judgment is reversed and .the prosecution ordered dismissed.

¶7 Opinion approved by the court.