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

CourtCourt of Criminal Appeals of Texas

DecidedNovember 26, 1930

DocketNo. 13734.

StatusPublished

Cited by2 cases

This text of 32 S.W.2d 837 (Barrington 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

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

Pincite

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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