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NICHOLS v. STATE

No. 33136.

344 S.W.2d 167 (1961)

Claud NICHOLS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 15, 1961.

Attorney(s) appearing for the Case

Clyde Elliott, Jr., Canton, for appellant.

J. S. Grisham, Criminal Dist., Atty., Canton, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The conviction is for unlawfully carrying a pistol; the punishment, a fine of $100.

Both the complaint and the information charge that appellant did unlawfully carry "on or about" his person a pistol.

Appellant challenges the sufficiency of the complaint and the information and points out that because the offense is alleged therein in the disjunctive the court erred in refusing to dismiss the prosecution.

A complaint and an...

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