306 SW2D 899 - Jackson v. State

How this case has been cited

Cited by 8 later decisions — most recently May 2011

7 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.

BELCHER, Commissioner.

¶1The conviction is for carrying a pistol; the punishment, a fine of $100.

¶2Both the complaint and information charge that the appellant did unlawfully carry “on or about” his person a pistol.

¶3A complaint and information which charges that the accused did carry on or about his person a pistol, because of the use of the word “or” rather than the word “and”, renders such allegation uncertain and the complaint and information defective. Art. 483, Vernon’s Ann.P.C.; 44 Tex. Jur. p. 477, Sec. 34; 2 Branch (2d Ed.) Sec. 975; Evage v. State, 136 Tex.Cr.R. 318, 125 S.W.2d 295; Wilson v. State, 151 Tex.Cr.R. 570, 209 S.W.2d 598; Scott v. State, 153 Tex.Cr.R. 492, 221 S.W.2d 608.

¶4Because of the insufficiency of the complaint and information, the judgment is reversed and the prosecution ordered dismissed.