Erwin v. State

325 S.W.2d 148 | Tex. Crim. App. | 1959

WOODLEY, Judge.

The offense is the sale of whisky in a dry area; the punishment, a fine of $100.-

The complaint charges no one with the sale of whisky, the place for th.e name of the accused being blank.

The information, not being based upon a valid complaint, will not sustain a judgment of conviction. Simmons v. State, 159 Tex.Cr.R. 125, 261 S.W.2d 720.

The judgment is reversed and the prosecution is ordered dismissed.