Betels v. State

Court of Criminal Appeals of Texas

Betels v. State

168 S.W.2d 499, 145 Tex. Crim. 368, 1943 Tex. Crim. App. LEXIS 751

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 10, 1943

DocketNo. 22396

StatusPublished

Cited by6 cases

This text of 168 S.W.2d 499 (Betels 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

Betels v. State, 168 S.W.2d 499, 145 Tex. Crim. 368, 1943 Tex. Crim. App. LEXIS 751 (Tex. 1943).

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Opinion

HAWKINS, Presiding Judge.

Conviction is for unlawfully practicing medicine, punishment assessed at a fine of $50.00.

The prosecution was by complaint and information. The complaint recites that the party making it has good reason to believe that appellant committed the offense charged, but there is omitted from said complaint the further averment that complainant “does believe” appellant committed said offense. The latter averment is a statutory requisite. See Subdivision 2, Art. 222 C. C. P.; Smith v. State, 103 Tex. Cr. R. 228, 280 S. W. 581 and cases therein cited. Also, see authorities in Note 11 under Art. 222 in Vernon’s Ann. Texas C. C. P., Vol. 1, and in Branch’s Ann. Tex. P. C., Sec. 478, page 248.

The judgment is reversed and the prosecution ordered dismissed.

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HAWKINS, Presiding Judge.

Conviction is for unlawfully practicing medicine, punishment assessed at a fine of $50.00.

The prosecution was by complaint and information. The complaint recites that the party making it has good reason to believe that appellant committed the offense charged, but there is omitted from said complaint the further averment that complainant “does believe” appellant committed said offense. The latter averment is a statutory requisite. See Subdivision 2, Art. 222 C. C. P.; Smith v. State, 103 Tex. Cr. R. 228, 280 S. W. 581 and cases therein cited. Also, see authorities in Note 11 under Art. 222 in Vernon’s Ann. Texas C. C. P., Vol. 1, and in Branch’s Ann. Tex. P. C., Sec. 478, page 248.

The judgment is reversed and the prosecution ordered dismissed.

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168 S.W.2d 499, 145 Tex. Crim. 368, 1943 Tex. Crim. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betels-v-state-texcrimapp-1943.

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