Cockrell v. State

HAWKINS, Presiding Judge.

Conviction was for driving a motor vehicle on a public highway in Scurry County while intoxicated. A jury found appellant guilty and assessed the punishment at a fine of $500.00.

Prosecution was by complaint and information, both of which were filed on June 11, 1949. The offense is alleged to have occurred on June 11, 1949. There is no allegation in the information that the offense was committed before the information was filed. This defect is fatal. The trial court should have sustained appellant’s motion to quash the information. See Art. 414 C. C. P., Sub. 6;…