Barfield v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Crockett. Tried below before Hon. Charles E. Davidson, County Judge. Appeal from a conviction for unlawfully carrying a pistol; penalty, a fine of $25.
1Opinion of the Court
DAVIDS OH, Judge.
Appellant was convicted of carrying on and about his person a pistol, and appeals.
Motion was made to quash the complaint, because the word “did” was omitted from the charging part thereof. The omission of the word “did” in charging the acts committed, in an unbroken line of decisions, has been held to invalidate the information, complaint, or indictment, as the case may be. See State v. Hutchinson, 26 Texas, 111; Edmondson v. State, 41 Texas, 496; Ewing v. State, 1 Texas Crim. App., 362; Moore v. State, 7 Texas Crim. App., 42; Walker v. State, 9 Texas Crim. App., 177; Jester…
2Cases cited2 opinions
- Edmondson v. StateTexas Supreme Court · 1874
- State v. HutchinsonTexas Supreme Court · 1861
3Cited by15 opinions
- Gray v. State, Texas Court of Appeals, 13th District1982
- Bailey v. StateCourt of Criminal Appeals of Texas · 1906
- Pass v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- Duncan v. StateCourt of Criminal Appeals of Texas · 1905
- Ricks v. StateCourt of Criminal Appeals of Texas · 1900
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