MacUmber v. State

MORROW, Judge.—This

appeal is from a conviction for. aggravated assault, prosecuted by complaint and information.

The complaint charges the date of the offense as follows: "On or about the third day of June, 197,” etc. There are no other averments in the complaint which aid it with reference to the date of the alleged offense. In Brewer v. State, 5 Texas Crim. App., 248; Blake v. State, 3 Texas Crim. App., 149; Collins v. State, 5 Texas Crim. App., 37, and McCoy v. State, 43 Texas Crim. Rep., 606, pleading containing the same defect was held so defective as to require the court to sustain the…