Legal Opinion

Carver v. State

Court of Criminal Appeals of Texas

Decided November 30, 1921No. 6386PublishedCited by 2 opinions

Appeal from the County Court of Comanche. Tried below befpre the Honorable F. J. Reese. Appeal from a conviction of aggravated assault; penalty, a fine of $500. The opinion states the case.

1Opinion of the Court

MORROW, Presiding Judge.

Conviction is for aggravated assault ; punishment fixed at a fine of $500.

The complaint alleges the date of the offense at an impossible date, namely, the 20th of December, 19120.

The information states the date of the term of court as January, 19120 and the date of the offense December 20, 1920.

Touching errors of this character, this court, at an early date, said:

“It is better that the judgment should be reversed than to establish such a precedent or encourage carelessness in the preparation of so important a part of the record to be brought to this court as the…

2Cases cited2 opinions

  1. Lackey v. StateCourt of Criminal Appeals of Texas · 1908
  2. Winn v. StateCourt of Criminal Appeals of Texas · 1920

3Cited by2 opinions

  1. Ex Parte LeggCourt of Criminal Appeals of Texas · 1978
  2. McCormick v. StateCourt of Criminal Appeals of Texas · 1958

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