Burleson v. State

OPINION

DAVIS, Chief Justice.

Floyd Burleson pleaded guilty to unlawful possession of a firearm by a felon after the court denied his motion to dismiss the indictment. In the first of two points of error, he argues that the court should have dismissed the indictment because it failed to allege a complete offense. We agree with Burleson that the State has omitted an element of the offense, apparently because it was proceeding under the wrong version of the statute, and reverse the court’s judgment.

The State alleged in the indictment that:

[Burleson] on or about the 26th day of January AD.1995,…