State v. Barron

OPINION

BURGESS, Justice.

Appellee was charged with the offense of driving while intoxicated. The complaint and information allege the offense was committed “on or about 7/31/85.” 1 Appellee moved to quash the complaint on the ground that it alleged an impossible date. The trial court dismissed the complaint on April 8, 1988. The state appeals the court’s ruling pursuant to TEX.CODE CRIM.PROC.ANN. art. 44.01(a)(1) (Vernon Supp.1988). The state’s sole point of error alleges the trial court erred in granting the appellee’s motion to quash.

The purpose of a complaint is to apprise the accused of…