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Ramirez v. State

Raul Ramirez v. State

Ramirez v. State, 224 S.W.2d 228 (Tex. Crim. App. 1949)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
November 16, 1949
Docket
No. 24503
Judges
Beauchamp
Citations
224 S.W.2d 228153 Tex. Crim. 6381949 Tex. Crim. App. LEXIS 1310

Opinion of the Court — Beauchamp

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BEAUCHAMP, Judge.

The appeal is from a conviction for carrying a pistol, with a fine of $100.00.

The complaint alleges and the information presents that the appellant did “carry on or about his person a pistol * * *." Allegations of this character, alleged in the disjunctive rather than the conjunctive, have always been held fatally defective. See Moseley v. State, 139 Tex. Crim. Rep. 550, 141 S. W. 2d 948 .

The judgment of the trial court is reversed and the prosecution is ordered dismissed.

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Authorities cited 1

DepthCaseCited by
Mosley v. State, 141 S.W.2d 948 (Tex. Crim. App. 1940) 2

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