Bell v. State

Court of Criminal Appeals of Texas

Bell v. State

240 S.W.2d 302, 1951 Tex. Crim. App. LEXIS 2021

CourtCourt of Criminal Appeals of Texas

DecidedMarch 21, 1951

DocketNo. 25178

StatusPublished

Cited by5 cases

This text of 240 S.W.2d 302 (Bell 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

Bell v. State, 240 S.W.2d 302, 1951 Tex. Crim. App. LEXIS 2021 (Tex. 1951).

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Opinions

DAVIDSON, Commissioner.

This is a conviction for aggravated assault with a motor vehicle, with punishment assessed at a fine of $50.

The complaint upon which the information is predicated recites that the affiant thereto “had good reason to believe and charges * *

We have repeatedly held that, in obedience to the provisions of Sec. 2 of Art. 222, C.C.P., the affiant to the complaint must state, in addition to his good reason to believe, that he “does believe” that the offense alleged has been committed. Cook v. State, 137 Tex.Cr.R. 492, 132 S.W.2d 404; Betels v. State, 145 Tex.Cr.R. 368, 168 S.W.2d 499; Ex Parte Glass, 151 Tex.Cr.R. 23, 205 S.W.2d 46.

The complaint being fatally defective, the judgment is reversed and prosecution ordered dismissed.

Opinion approved by the Court.

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