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ERWIN v. STATE

Court of Criminal Appeals of Texas.
Jun 10, 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 the 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.Crim. R., 261 S.W.2d 720.

The judgment is reversed and the prosecution is ordered dismissed.