Brewer v. State

Citations

• 5 Tex. Ct. App. 248

Syllabus

<p>1. Intobmatioit.—If an information charges the offence in the language of the statute it is sufficient, as a general rule. The exception to this rule is when the statute uses generic terms, in which .case it is necessary to state the species, according to the truth of the case; and when the subject of the indictment cannot be brought within the meaning of the statute without the aid of extrinsic evidence, it is necessary, .besides charging the offence in the words of the statute, to aver such facts and circumstances as may be necessary to bring the matter within the meaning of it.</p> <p>2. Vaeiaítce. — An indictment must show that the offence was committed some time anterior to its filing, and that it does not appear to be barred by limitation. In this case the offence is alleged to have been committed in the year “one thousand and seventy-eight,” a mistake, evidently, which might have been corrected at the proper time. But held, that the variance between the complaint and information is fatal.</p>