Womack v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Lamar. Tried below before Hon. John W. Roundtree, County Judge. The complaint and information sought to charge appellant with unlawfully carrying a pistol, on the 8th day of February, 1891. At the trial he was convicted, and his punishment affixed at a fine of $25. He moved in arrest of judgment, because the complaint alleged the .commission of an offense subsequent instead of anterior to its filing, which motion was overruled by the court.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was prosecuted and convicted of carrying a pistol on and about his person. The complaint which forms the basis of the information in this case charges the offense to have been committed on the 8th day of February, 1891, whereas the affidavit was made on the 9th day of January, 1891, one month prior to the alleged date of the commission of said offense. This defect was called to the court’s attention by a motion in arrest of judgment, which was overruled. Looking to the jurat of the officer and the date of taking the affidavit, we find the offense sought to be charged…
2Cited by2 opinions
- Wilson v. StateSupreme Court of Florida · 1938
- Sprowles v. StateCourt of Criminal Appeals of Texas · 1912