Phariss v. State

ON APPELLANT’S motion to reinstate the appeal.

CHRISTIAN, Judge.

The record having been perfected, the appeal is reinstated and the case considered on its merits.

The count in the complaint under which appellant was convicted charges, in part, as follows: “On or about the 15th day of January, 1938, Johnnie Phariss did then and there unlawfully transport an alcoholic beverage, to wit, whisky.” The complaint was sworn to and subscribed by A. P. Mercer on the 15th day of January, 1938, and filed on the same day. It embraces no language showing that if the offense was committed on the 15th day of…