Bradshaw v. State

Court of Criminal Appeals of Texas

Bradshaw v. State

243 S.W.2d 586, 156 Tex. Crim. 441, 1951 Tex. Crim. App. LEXIS 1628

CourtCourt of Criminal Appeals of Texas

DecidedNovember 14, 1951

Docket25505

StatusPublished

Cited by9 cases

This text of 243 S.W.2d 586 (Bradshaw 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

Bradshaw v. State, 243 S.W.2d 586, 156 Tex. Crim. 441, 1951 Tex. Crim. App. LEXIS 1628 (Tex. 1951).

Pincite

Opinion

*442 MORRISON, Judge.

The offense is negligent homicide in the second degree; the punishment, ninety days in jail and a fine of $500.00.

The State’s Attorney has confessed error herein, calling our attention to the fact that the complaint was sworn to seventeen days prior to the alleged date of the offense shown therein. An information based upon a void complaint is itself void. Art. 414, Subd. 6, C. C. P.; 23 Tex. Juris., p. 601.

Attention is further directed to the fact that the information charges the operation of a Chevrolet delivery truck while the proof does not support this allegation.

Because of the fatal defect in the complaint, the judgment is reversed and the prosecution ordered dismissed.

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