Dickinson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Nacogdoches. Tried below before Hon. H. F. Dunson, County Judge. The information charged appellant and several others jointly with unlawfully killing a wild deer, in Nacogdoches County, between the 20th day of January, 1894, and the 1st day of August, 1894. Defendant moved to quash the information because it charged no offense, inasmuch as Nacogdoches County was exempted by law from the operation of the game law which prohibited the killing of…
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Appeal from the County Court of Nacogdoches. Tried below before Hon. H. F. Dunson, County Judge. The information charged appellant and several others jointly with unlawfully killing a wild deer, in Nacogdoches County, between the 20th day of January, 1894, and the 1st day of August, 1894. Defendant moved to quash the information because it charged no offense, inasmuch as Nacogdoches County was exempted by law from the operation of the game law which prohibited the killing of wild deer. This motion was overruled; the case was tried by the court without a jury, and the court assessed…
1Opinion of the Court
DAVIDSON, Judge.
This appeal is prosecuted from a conviction had upon an information, and the record does not contain the affidavit required by article 431 of the Code of Criminal Procedure of 1895. This affidavit is a prerequisite to the validity of a prosecution by information, and such complaint for affidavit must he contained in the record on appeal. Wills. Grim. Stats., sec. 1999, and authorities there collated. The judgment is reversed, and the prosecution is dismissed.
Dismissed.
2Cited by6 opinions
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- Compton v. StateCourt of Criminal Appeals of Texas · 1913
- Etheridge v. StateCourt of Criminal Appeals of Texas · 1915
- Ex Parte VaccarezzaCourt of Criminal Appeals of Texas · 1907
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1939
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