Ayres v. State

245 S.W.2d 706, 156 Tex. Crim. 622, 1951 Tex. Crim. App. LEXIS 1707
Court of Criminal Appeals of Texas·Decided October 24, 1951·No. No. 25406·Published·Cited by 2 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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

245 S.W.2d 706 (Ayres v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gaines v. State
301 S.W.2d 110 (Court of Criminal Appeals of Texas, 1956)
Patton v. State
248 S.W.2d 491 (Court of Criminal Appeals of Texas, 1952)