From Casetext: Smarter Legal Research

Mitchell v. State

Court of Criminal Appeals of Texas
Nov 23, 1960
340 S.W.2d 301 (Tex. Crim. App. 1960)

Opinion

No. 32515.

November 23, 1960.

Appeal from the County Court, Hemphill County, Sanford F. Cole, J.

Douglass, Thompson Douglass, by Malcolm C. Douglass, Pampa, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $50.

The complaint as it appears in the transcript bears the jurat of the County Attorney 'Sworn to and subscribed before me this the 5th day ofJanuary A.D. 1960.'

The complaint alleges that the offense was committed 'on or about the 4th day of February, A.D., 1960, and before the making and filing of this complaint.'

The State does not seek an affirmance of the conviction, the date on or about which the offense was alleged to have been committed being subsequent and not anterior to the date the complaint was sworn to.

The judgment is reversed and the cause remanded.


Summaries of

Mitchell v. State

Court of Criminal Appeals of Texas
Nov 23, 1960
340 S.W.2d 301 (Tex. Crim. App. 1960)
Case details for

Mitchell v. State

Case Details

Full title:Bill MITCHELL, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Nov 23, 1960

Citations

340 S.W.2d 301 (Tex. Crim. App. 1960)
170 Tex. Crim. 255

Citing Cases

Aguilar v. State

The court of appeals was correct in noting that this Court has held that a complaint underlying an…

Thomas v. State

The date on or about which the offense was alleged to have been committed being subsequent and not anterior…