Aleman v. State
This text of 284 S.W.2d 719 (Aleman 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.
Opinion
The conviction is for contributing to the delinquency of a minor; the punishment, 90 days in jail.
In view of our disposition of this case a statement of the facts will be omitted.
Attorneys for the state confess error in this cause and in doing so agree with the contention of the appellant that the complaint and information are void because the jurat on the [266]*266complaint shows that the oath of the affiant was administered by one person in the name of another.
The jurat on the complaint shows that the oath was adminstered to the affiant in the name of Jim Bates, County Attorney, Hidalgo County, Texas; Criminal District Attorney, Hidalgo County, Texas, by Raul L. Longoria, Assistant.
The oath to the affiant, under the facts here presented, cannot be legally administered by the assistant in the name of his principal, and for that reason the complaint herein is void, as well as the information based thereon. 12 Texas Jur. 585, Sec. 258; Stalcup v. State, 99 Texas Cr. R. 415, 269 S.W. 1044.
The judgment is reversed and the prosecution ordered dismissed.
Opinion approved by the court.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
284 S.W.2d 719, 162 Tex. Crim. 265, 1955 Tex. Crim. App. LEXIS 1621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aleman-v-state-texcrimapp-1955.