Ayres v. State

Court of Criminal Appeals of Texas

Ayres v. State

245 S.W.2d 706, 156 Tex. Crim. 622, 1951 Tex. Crim. App. LEXIS 1707

CourtCourt of Criminal Appeals of Texas

DecidedOctober 24, 1951

DocketNo. 25406

StatusPublished

Cited by2 cases

This text of 245 S.W.2d 706 (Ayres 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

Ayres v. State, 245 S.W.2d 706, 156 Tex. Crim. 622, 1951 Tex. Crim. App. LEXIS 1707 (Tex. 1951).

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Opinions

DAVIDSON, Judge.

This is an appeal from a conviction for keeping a disorderly house, with punishment assessed at a fine of $200 and twenty days in jail.

The affidavit or complaint upon which the information is predicated states only that the affiant has “good reason to believe” that the offense was committed. Nowhere does the affiant state that she “does believe.”

Such a complaint is fatally defective and will not support a valid information.

The judgment is reversed and prosecution ordered dismissed.

Opinion approved by the court.

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