Garner v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for a violation of Proclamation No. E-18 of the Parks and Wildlife Commission.1 The appellant was found guilty of the offense in a Justice of the Peace Court, and upon appeal by trial de novo to the County Court of Zavala County the trial judge found the appellant guilty and assessed a fine of $125.00.

Appellant’s sole contention is that Proclamation No. E-18 is void as unconstitutional. We need not address appellant’s contention since we hold that the complaint is fundamentally defective and reverse. See Article 40.09(13), Vernon’s…