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Addison v. State

283 S.W.2d 55, 1955 Tex. Crim. App. LEXIS 1898
Court of Criminal Appeals of Texas·Decided October 26, 1955·No. 27735·Published·Cited by 7 cases

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

283 S.W.2d 55 (Addison v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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