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Blackman v. State

242 S.W.2d 441, 156 Tex. Crim. 288, 1951 Tex. Crim. App. LEXIS 1560
Court of Criminal Appeals of Texas·Decided October 3, 1951·No. 25385·Published·Cited by 9 cases

Opinion

BEAUCHAMP, Judge.

Appellant was convicted for violation of the liquor law and assessed a fine of $250.00, from which he appeals.

It is stipulated in the record that the complaint, as well as the information, originally filed, charged appellant’s name as Willie Blackburn. The court permitted the county attorney to amend both the complaint and information by changing the name of the accused and making it charge Willie Blackman.

When this was done the complaint was vitiated. The instrument signed by the affiant, Roy E. Hillin, ceased to be a complaint. See Patillo v. State, 3 Texas Court of Appeals, page 442; Phariss vs. State, 136 Tex. Cr. R. 504, 126 S.W. 2d 981; Hedspeth v. State, 143 Tex. Cr. R. 627, 160 S.W. 2d 928, and the authorities discussed therein.

The judgment of the trial court is reversed and the cause is dismissed.

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Blackman v. State, 242 S.W.2d 441, 156 Tex. Crim. 288, 1951 Tex. Crim. App. LEXIS 1560 (Tex. 1951).

242 S.W.2d 441 (Blackman v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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