Barrington v. State

Court of Criminal Appeals of Texas

Barrington v. State

32 S.W.2d 837, 116 Tex. Crim. 11, 1930 Tex. Crim. App. LEXIS 633

Court of Criminal Appeals of Texas·Decided November 26, 1930·No. No. 13734.·Published·Cited by 2 cases

Opinion

MORROW, Presiding Judge.

Aggravated assault is the offense; penalty, fine of $25.00.

The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Art. 415, C. C. P. See Vernon’s Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S. W. 487, and authorities therein cited.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

Hawkins, J., absent.

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MORROW, Presiding Judge.

Aggravated assault is the offense; penalty, fine of $25.00.

The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Art. 415, C. C. P. See Vernon’s Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S. W. 487, and authorities therein cited.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

Hawkins, J., absent.

Barrington v. State, 32 S.W.2d 837, 116 Tex. Crim. 11, 1930 Tex. Crim. App. LEXIS 633 (Tex. 1930).

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Opinion

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