Jackson v. State

BELCHER, Judge.

The conviction is for carrying a pistol; the punishment, a fine of $100.

Both the complaint and information charge that the appellant did unlawfully carry “on or about” his person a pistol.

A complaint and information which charges that the accused did carry on or about his person a pistol, because of the use of the word “or” rather than the word “and,” renders such allegation uncertain and the complaint and information defective. Art. 483, Vernon’s A.P.C.; 44 Texas Jur. p. 477, Sec. 34; 2 Branch (2d Ed.) Sec. 975; Evage v. State, 136 Texas Cr. Rep. 318, 125 S.W. (2d) 295; Wilson…