280 SW 581 - Smith v. State

How this case has been cited

Cited by 9 later decisions — most recently August 1989

9 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.

HAWKINS, J.

¶1Appeal is from a conviction for unlawfully carrying a pistol, the punishment being a fine of $100.

¶2Prosecution was by complaint and information. The complaint recites that affiant has “good reason to believe” that appellant committed the offense charged, but omitted the further allegation required by the statute, “and does believe.” Subdivision 2, art. 222, C. C. P. 1925 Revision. This defect was pointed out by motion in arrest of judgment which was overruled. It should have beert sustained. Smith v. State, 76 S. W. 436, 45; Tex. Cr. R. 411; Tompkins v. State (Tex. Cr. App.) 77 S. W. 800; Green v. State, 136 S. W. 467, 62 Tex. Cr. R. 50; Ex parte Ross, 261 S. W. 1042, 97 Tex. Cr. R. 451.

¶3The judgment is reversed, and the prosecution ordered dismissed.