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DAVIDSON, Judge. This is a conviction for the sale of whisky in a wet area without a permit, the punishment being assessed at ten days in jail.
The information, as it appears in the transcript in this case, does not allege the date the offense is alleged to have been committed.
“The indictment, information and complaint, or the complaint when the prosecution is based alone upon a complaint, to be sufficient, must give the day, month, and year of the commission of the offense.” Branch’s P. C., Sec. 432.
The information, here, is fatally defective because it fails to reflect the date of the offense.
The judgment is reversed and the cause is remanded.
Document Info
Docket Number: No. 28,383
Citation Numbers: 163 Tex. Crim. 638, 295 S.W.2d 217
Judges: Davidson, Morrison
Filed Date: 6/27/1956
Precedential Status: Precedential
Modified Date: 1/13/2023