Nichols v. State

McDonald, judge

The conviction is for unlawfully carrying a pistol; the punishment, a fine of $100.

Both complaint and the information charge that appellant did unlawfully carry “on or about” his person a pistol.

Appellant challenges the sufficiency of the complaint and the information and points out that because the offense is alleged therein in the disjunctive the court erred in refusing to dismiss the prosecution.

A complaint and an information charging that the accused did carry on or about his person a pistol render such allegation uncertain and the complaint and the information defective…