Legal Opinion

State v. Gray

Court of Appeals of Texas

Decided December 12, 1990No. 3-90-180-CRPublishedCited by 31 opinions

1Per curiam

On February 8, 1990, a complaint and information were filed accusing appellee of driving while intoxicated, first offense. Tex.Rev.Civ.Stat.Ann. art. 6701Z-1 (Supp. 1991). On August 20, 1990, the trial court ordered the prosecution dismissed on appel-lee’s motion. The State appeals from this order. Tex.Code Cr.P.Ann. art. 44.01(a)(1) (Supp.1991).

The motion to dismiss stated as its ground that “the information ... is fatally defective because it alleges that the complaint ... ‘is filed herewith’ with the filing of the information. The complaint was not filed prior to the filing of the…

2Cases cited15 opinions

  1. State v. EavesCourt of Criminal Appeals of Texas · 1990
  2. Flores v. StateCourt of Criminal Appeals of Texas · 1972
  3. State v. AndersonTexas Supreme Court · 1930
  4. Wallace v. StateCourt of Criminal Appeals of Texas · 1943
  5. Malley v. StateCourt of Criminal Appeals of Texas · 1934

10 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Mock v. State, Texas Court of Appeals, 8th District (El Paso)1993
  2. State v. PierceCourt of Appeals of Texas · 1991
  3. State v. NolanCourt of Appeals of Texas · 1991
  4. State v. MoralesCourt of Appeals of Texas · 1993
  5. Lewis v. StateCourt of Appeals of Texas · 1994

26 more not listed; retrieve them via the Exa API.

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