
    ARRELANO v. STATE.
    (No. 4677.)
    (Court of Criminal Appeals of Texas.
    Nov. 7, 1917.)
    Criminal Law ⅞=>265 — Time to Plead.
    Under Vernon's Ann. Code Cr. Proc. 1916, art. 578, providing that in all cases defendant shall be allowed two entire days after his arrest and during the term of the court to file written pleadings, where a complaint and information was dismissed, and a new complaint and information filed as substitutes under which defendant was not arrested until put on trial, he was then entitled to two days in which to plead, though the complaint had been filed more than six days before the trial.
    Appeal from Bexar Comity Court; Nelson Lytle, Judge.
    Perfecto Arrelano was convicted of theft, and he appeals.
    Reversed and remanded.
    G. Woodson Morris, of .San Antonio, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of theft. ' Complaint was filed by Albert Maverick against appellant on the 13th of March, 1917. Information was also filed predicated on that complaint. Both seemed to be insufficient, and on tjie 11th of May another complaint was filed, and, on the 12th of May information based on that complaint was presented to the court. Appellant claimed the right under the statute to have two days in which to prepare written pleadings. The court signed the bill of exception with the statement that the. complaint had been filed six days before the trial. The bill of exception also recites the fact that the last complaint and information were filed as substitutes for the former; but he had not been arrested under the com plaint filed on May 11th and the court forced him to trial over his protest.

The statute provides that an accused shall have two days in which to prepare his written pleadings. When the first complaint and information were dismissed appellant was no longer held by virtue of those pleadings; and as he had not been arrested subsequently he had the right to claim the two days when put on trial. The fact that the complaint was filed six days before would have no effect as to this right. Gases bearing upon this question will be found collated in Vernon’s C. G. P. p. 297; the article being 578. Under this article there are a great number of authorities collated.

The Judgment will be reversed, and the cause remanded. 
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