Addison v. State

Court of Criminal Appeals of Texas

Addison v. State

283 S.W.2d 55, 1955 Tex. Crim. App. LEXIS 1898

CourtCourt of Criminal Appeals of Texas

DecidedOctober 26, 1955

Docket27735

StatusPublished

Cited by7 cases

This text of 283 S.W.2d 55 (Addison v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Addison v. State, 283 S.W.2d 55, 1955 Tex. Crim. App. LEXIS 1898 (Tex. 1955).

Pincite

Opinion

MORRISON, Presiding Judge.

The offense is aggravated assault; the punishment, 30 days in jail.

Our State’s Attorney confesses that the complaint will not support the informa *56 tion. The complaint charges that Amando Hinojosa committed the assault while the information charges that Edwin Dale Addison assaulted the injured party.

A valid complaint is a prerequisite to a valid information. Byrom v. State, 158 Tex.Cr.R. 427, 256 S.W.2d 853. Without a complaint, the County Court has no jurisdiction. McQueen v. State, 135 Tex.Cr.R. 74, 117 S.W.2d 79.

The judgment is reversed and the prosecution ordered dismissed.

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