Lacy v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

Complaint is raised that the information is insufficient to support the judgment. The information charged the primary offense, a sale of beer in a dry area. It also attempted to allege prior convictions to enhance the punishment. These allegations were insufficient because the accusation therein made is by the affidavit of I. V. Sims and is not the presentment of the prosecuting attorney. Sams v. State, 143 Texas Cr. Rep. 588, 160 S.W. 2d 265.

This was a trial before the court. The judgment recites that appellant “pleaded ‘guilty’ to the information…