Simmons v. State

MORRISON, Judge.

The offense is the willful and negligent burning of woodland; the punishment, a fine of $50.00.

Our able state’s attorney has confessed error herein on the grounds that the information does not properly charge any offense.

It is evident from the record that both the state and the appellant considered that this was a prosecution under Article 1321, Penal Code. We arrive at this conclusion because the complaint and information were drawn in compliance with Willson’s Criminal Forms, Section 575, and appellant’s brief discusses said article.

Article 1388b-l, which became effective in…