Oyervides v. State

[1,2] This is a prosecution on complaint and information for the offense of aggravated assault. The complaint was filed July 7, 1917, and fixed the date of the alleged offense in the following language: “On or about the 4th day of July, 191.” ' We think the court was in error in failing to sustain the motion in arrest of judgment based on the insufficiency of this complaint. Complaints of this character have been held insufficient in a number of cases. Collins v. State, 5 Tex. App. 37; Brewer v. State, 5 Tex. App. 248; Vernon’s C. C. P. art. 451, p. 196, note 10. It is essential that the…