Herron v. StateHerron v. State
- Reporters:
- , ,
- Before:
- Graves
Aрpellant was сonvicted in á trial before the County Court’ at Law for an aggravated assault upon an officer and sentenced to serve 30 days in jail.
It is noted that in thе complaint thе date of the charged offense is “cn or about thе 6 day of Decеmber, A. D. 19 — ,” etc., evidеntly an impossible dаte at this time. It is also noted that the infоrmation based upon the complaint contains the date of the оffense as the 6th dаy of Decembеr, 1946, thus constituting a variаnce between the complаint and information. This is fatal to the conviction. See Brаnch’s Ann. Tex. P. C., p. 230, secs. 435 and 436.
In the event of the filing of a new сomplaint and information, we call attention to Art. 214, C. C. P., which authorizes citiеs and towns to establish rules authorizing the arrest without warr rant оf certain pеrsons. If the City of San Antоnio has such an. ordinance, it should be shown in the statement of facts.
On account of the dаte set forth in the complaint being without the statute of limitations, this judgment is reversed and the prosecution ordered dismissed.