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430 S.W.2d 204

Hodges v. State

Court of Criminal Appeals of Texas · decided 1968-07-10

Cited by 1 later decisions — most recently July 1976

1 state decisions

Relies on 165 Tex. Crim. 252 - Donald v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-07-10

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¶1OPINION

DICE, Judge.

¶2The conviction is under Art. 6701h, Sec. 32(c), Vernon’s Ann.Civ.St, for operating a motor vehicle upon a public highway while appellant’s operator’s license was suspended; the punishment, a fine of $135.

¶3The complaint and information, filed on May 19, 1967, alleged that the offense was committed on or about the 5th day of October, 1964.

¶4The period of limitation for presentment of an information for a misdemeanor offense is two years. Art. 12.05, Vernon’s Ann.C.C.P.

¶5Upon its face, the information shows that the offense is barred by limitation, and for such reason the pleading is bad. Donald v. State, 165 Tex.Cr.R. 252, 306 S.W.2d 360.

¶6Our state’s attorney confesses error and concedes that the prosecution should be dismissed.

¶7For the reason stated, the judgment is reversed and the prosecution is ordered dismissed.

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