Countryman v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Nacogdoches. Tried below before the Hon. C. D. Mims. Appeal from a conviction of unlawfully carrying knuckles made of metal; penalty, a fine of $100. The opinion states the case.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Motion was made to quash the complaint and information because the same charged the offense in the alternative. The charging part of the complaint is that, “Kirk Countryman did unlawfully carry on and about his person knuckles made of metal, or some hard substance,” while the information.charges that appellant unlawfully carried “on or about his person, knuckles made of some hard substance.” The contention of appellant is correct.
Where a statute makes it a crime to do this or that, mentioning several things disjunctively, the indictment may, as a general rule,…
2Cases cited6 opinions
- State v. RandleTexas Supreme Court · 1874
- Phillips v. StateTexas Supreme Court · 1867
- Lancaster v. StateTexas Supreme Court · 1875
- Castello v. StateTexas Supreme Court · 1872
- Venturio v. StateCourt of Criminal Appeals of Texas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mosley v. StateCourt of Criminal Appeals of Texas · 1940