Bender v. State

Court of Criminal Appeals of Texas

Bender v. State

353 S.W.2d 39, 171 Tex. Crim. 628, 1962 Tex. Crim. App. LEXIS 1141

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 17, 1962

DocketNo. 34132

StatusPublished

Cited by5 cases

This text of 353 S.W.2d 39 (Bender 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

Bender v. State, 353 S.W.2d 39, 171 Tex. Crim. 628, 1962 Tex. Crim. App. LEXIS 1141 (Tex. 1962).

Pincite

Opinion

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.

Appellant waived his right to a jury trial and plead not guilty before the court.

An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, Vernon’s Ann. C.C.P.A valid complaint is a prerequisite to a valid information. Article 415, V.A.C.C.P.; Byrom v. State, 158 Tex.Cr.R. 427, 256 S.W.2d 853.

Because of the fatal defect in the complaint, the judgment is reversed and the cause remanded.

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