Keeton v. State, 26833
| Decision Date | 17 February 1954 |
| Docket Number | No. 26833,26833 |
| Citation | 264 S.W.2d 737,159 Tex.Crim. 431 |
| Parties | KEETON v. STATE. |
| Court | Texas Court of Criminal Appeals |
No attorney on appeal for appellant.
Wesley Dice, State's Atty., Austin, for the State.
DAVIDSON, Commissioner.
This is a conviction for selling whisky in a dry area; the punishment, thirty days in jail.
The information charges only that appellant did, in a dry area, 'sell whiskey.'
The name of the alleged purchaser is not stated, nor is there an allegation that the purchaser was unknown.
Such an information is fatally defective. Barnett v. State, 156 Tex.Cr.R. 396, 242 S.W.2d 885; Wilson v. State, Tex.Cr.App., 242 S.W.2d 886; Arts. 406 and 416, C.C.P.
The information being fatally defective, a conviction may not be predicated thereon.
The judgment is reversed and the prosecution ordered dismissed.
Opinion approved by the court.
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Laury v. State, 48423
...the information is fatally defective. Barnett v. State, supra; Wilson v. State, 242 S.W.2d 886 (Tex.Cr.App.1951); Keeton v. State, 159 Tex.Cr.R. 431, 264 S.W.2d 737 (1954). This rule has also been applied to cases involving sales of goods other than alcoholic beverages. See e.g. Christa v. ......
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Bruce v. State
...rendered fundamentally defective. Id. A fundamentally defective information will not support a conviction, Keeton v. State, 159 Tex.Cr.R. 431, 264 S.W.2d 737, 738 (1954), particularly where the fatal defect in the information is the omission of a matter of substance. American Plant Food Cor......
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King v. State
...sale was made. Art. 406, C.C.P., provides that 'To charge an unlawful sale, it is necessary to name the purchaser.' In Keeton v. State, 159 Tex.Cr.R. 431, 264 S.W.2d 737, we held it necessary that in order to charge the offense of unlawfully selling whisky in a dry area the information must......
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