Legal Opinion

Stephens v. State

Court of Criminal Appeals of Texas

Decided November 9, 1921No. 6434PublishedCited by 7 opinions

Appeal from the County Court of Knox. Tried below before the Honorable J. M. Morgan. Appeal from a conviction of wilful obstruction of a street; penalty, a fine of $100. The opinion states the case.

1Opinion of the Court

LATTIMORE, Judge.

Appellant was convicted of malicious mischief, the charge being that he wilfully obstructed a street by erecting a fence across it, and his punishment fixed at a fine of $100.

Appellant objected to the sufficiency of the information because there was a variance between the date of the offense as alleged in the complaint, and as set out in the information. While said objection was not put in the form of a motion to quash the information, we think same should be given effect. The complaint alleges the date of the offense as of February 14, 1921, and the information states said…

2Cases cited1 opinion

  1. Lackey v. StateCourt of Criminal Appeals of Texas · 1908

3Cited by7 opinions

  1. Armstrong v. StateCourt of Criminal Appeals of Texas · 1932
  2. Long v. StateCourt of Criminal Appeals of Texas · 1946
  3. Traylor v. StateCourt of Criminal Appeals of Texas · 1922
  4. Wheatley v. DrennenSupreme Court of Arkansas · 1945
  5. Traylor v. StateCourt of Criminal Appeals of Texas · 1922

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