Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates

Ray Gilford HODGES, Appellant, v. The STATE of Texas, Appellee.

OPINION

DICE, Judge.

The conviction is under Art. 6701h, Sec. 32(c), Vernon's Ann.Civ.St., for operating a motor vehicle upon a public highway while appellant's operator's license was suspended; the punishment, a fine of $135.

The complaint and information, filed on May 19, 1967, alleged that the offense was committed on or about the 5th day of October, 1964.

The period of limitation for presentment of an information for a misdemeanor offense is two years. Art. 12.05, Vernon's Ann.C.C.P.

Upon its face, the information shows that the offense is barred by limitation, and for such reason the pleading is bad. Donald v. State, 165 Tex.Crim. R., 306 S.W.2d 360.

Our state's attorney confesses error and concedes that the prosecution should be dismissed.

For the reason stated, the judgment is reversed and the prosecution is ordered dismissed.

Use AI to get other relevant cases.

Comments

HODGES v. STATE
(Jul 10, 1968)