Bocanegra v. State

The majority reverses the conviction for welfare fraud in violation of Article 695c, Section 34, V.A.C.S., holding that the information is fundamentally defective for failure to allege a culpable mental state as required by Section 6.02 of the new Penal Code. A careful reading of the information in question and Article 695c, Section 34, supra, shows otherwise.

The information, held defective (without an exception or motion to quash) by the majority, in appropriate part, reads:

“. . . on or about the 30th day of April, A.D., 1974, ANDRES BOCANE-GRA did then and there unlawfully obtain assistance…