Kennedy v. State
Court of Appeals of Texas
Appeal from the County Court of Walker. Tried below before the Hon. J. M. Smither, County Judge. The offense attempted to be charged by the information in this case, and for which the appellant was convicted, was a misdemeanor theft. The penalty imposed was a fine of fifty dollars.
1Opinion of the Court
Willson, Judge.
It is alleged in the information that the' offense was committed on the fifteenth day of November, 1884, and the information was presented and filed on said day. There is no allegation that the offense was committed anterior to the filing of the information.
One of the statutory requisites of an information is, “that the time of the commission of an offense be some date anterior to the filing of the information.” This requisite must be apparent from the information itself, and the complaint upon which the information is founded can not be resorted to to supply it. We must hold…
2Cited by7 opinions
- Martini v. StateCourt of Criminal Appeals of Texas · 1947
- Hoot v. StateCourt of Criminal Appeals of Texas · 1946
- Meadows v. StateCourt of Criminal Appeals of Texas · 1939
- Bumguardner v. StateCourt of Criminal Appeals of Texas · 1950
- Cobb v. StateCourt of Criminal Appeals of Texas · 1940
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