386 SW2D 537 - Sandlin v. State

How this case has been cited

Cited by 16 later decisions — most recently November 1990

16 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.

McDONALD, Presiding Judge.

¶1Appellant was convicted of the offense of •contributing to the delinquency of a minor. His punishment was assessed at a fine of $250.00 and confinement in jail for thirty (30) days.

¶2Prosecution was upon complaint and information.

¶3The State concedes that the complaint is fatally defective for the reason that the date the offense is alleged to have been committed cannot be ascertained from a reading thereof. It appears to be “on or about the 4th day of October A.D., 19 — ,”.

¶4The complaint is not sufficient to support the information which alleges the date of the offense as “on or about the 4th day of October 1964”. The date set forth in the complaint is beyond the statute of limitations. McLaren v. State, 167 Tex.Cr.R. 302, 320 S.W.2d 141; Suzuki v. State, Tex.Cr.App., 280 S.W.2d 744; Herron v. State, 150 Tex.Cr.R. 475, 203 S.W.2d 225.

¶5The judgment is reversed and the prosecution ordered dismissed.