Legal Opinion

Herring v. State

Texas Court of Appeals, 5th District (Dallas)

Decided September 15, 1982No. 05-81-00122 CRPublishedCited by 11 opinions

1Opinion of the Court

FISH, Justice.

Appellant was convicted of public lewdness by a jury. The court set punishment at 30 days in jail, probated for one year, and a fine of $1,000. Appellant contends on appeal that the trial court should have granted his motion to quash (1) because the information did not allege that he committed an offense against the laws of the state of Texas and (2) because the information is so ambiguous that it failed to give him adequate notice of the conduct charged. We agree with both contentions and consequently reverse.

I. Was Appellant Charged With An Offense?

The first question presented…

2Cases cited10 opinions

  1. Ely v. StateCourt of Criminal Appeals of Texas · 1979
  2. Suff v. StateCourt of Criminal Appeals of Texas · 1976
  3. Ortiz v. StateCourt of Criminal Appeals of Texas · 1979
  4. Galvan v. StateCourt of Criminal Appeals of Texas · 1979
  5. Ronk v. StateCourt of Criminal Appeals of Texas · 1976

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

3Cited by11 opinions

  1. Beier v. StateCourt of Criminal Appeals of Texas · 1985
  2. Haddad v. State, Texas Court of Appeals, 5th District (Dallas)1993
  3. Herring v. StateCourt of Criminal Appeals of Texas · 1983
  4. Crew v. State, Texas Court of Appeals, 5th District (Dallas)1984
  5. Delbert Wayne Taylor v. State, Texas Court of Appeals, 2nd District (Fort Worth)2004

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

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