
    No. 6217.
    Lum Wood v. The State.
    Opinion delivered May 8, 1889.
    Information is insufficient to charge an offense unless it concludes with the words: “Against the peace and dignity of the State.” The complaint, however, being a good one and sufficient to sustain an information, the cause is not dismissed, but is remanded in order that a valid information may be filed upon the complaint.
    Appeal from the County Court of Callahan. Tried below before the Hon. J. Mcllhaney, County Judge.
    The'conviction was for carrying a pistol, and the penalty assessed by the verdict was a fine of twenty-five dollars and twenty days in the county jail. The opinion discloses the case.
    Ho brief for the appellant.
    
      W. L. Davidson, Assistant Attorney General, for the State.
   Willson, Judge.

The information upon which the conviction in this case is based is fatally defective, because it does not conclude “against the peace and dignity of the State.” (Code Crim. Proc., art. 430; Thompson v. The State, 15 Texas Ct. App., 39.) Wherefore the conviction must be and is, set aside; but, the complaint being in all respects a sufficient one, a valid information may be presented upon it, and the prosecution will not therefore be dismissed, but the cause is remanded that another information may be presented should the county attorney see proper to so do.

Reversed and remanded.  