
    WINN v. STATE.
    (No. 5539.)
    (Court of Criminal Appeals of Texas.
    Jan. 14, 1920.
    On Motion for Rehearing, June 16, 1920.)
    1. Criminal law <&wkey;>l086(8) — A record showing an information, but no complaint, fatally defective.
    A record which shows an information, but no complaint, is fatally defective.
    2. Indictment and information &wkey;>87(3) — An information alleging offense committed subsequent to its Ming is bad.
    An information, alleging an offense committed subsequent to the date it purports to have been filed, is bad.
    Appeal from Lamar County Court; W. L. Hutchison, Judge.
    A. L. Winn was convicted of failing and refusing to dip cattle, and appeals.
    Reversed and remanded, with order to dismiss prosecution.
    R. L. Lattimore, of Paris, and H. B. Birmingham, of Clarksville, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the county court of Lamar county of the offense of failing and refusing to dip cattle, and his punishment fixed at a fine of $10.

An inspection of the record discloses an information, but no complaint. This is fatal to this appeal. See section 520, Branch’s Ann. Penal Code, and authorities cited. The information in the record shows that it was filed on April 12, 1919. and alleges that the offense was committed on May 12,1919, which is a month subsequent to the date of the filing of said information. This would be an impossible date, and is also fatal to the prosecution.

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

On Motion for Rehearing.

DAVIDSON, P. J.

On a former day of this term the judgment herein was reversed and dismissed for want of a complaint as a predicate for the information. This defect in the transcript has been cured. The cause will be reinstated.

This conviction occurred under what is popularly known as the “Tick Eradication Law.” There are quite a number of questions suggested for reversal. In view of what was said in Ex parte Leslie, 223 S. W. 227, recently decided, it is deemed unnecessary to discuss the various questions at any length, and this case, therefore, will fie disposed of under that decision. The Leslie Case decides this law to be invalid for reasons stated in the opinion. • On that decision this judgment will be reversed, and the prosecution ordered dismissed. 
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