Marlar v. State

Court of Criminal Appeals of Texas

Marlar v. State

364 S.W.2d 384, 1963 Tex. Crim. App. LEXIS 1093

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 6, 1963

DocketNo. 35353

StatusPublished

Cited by3 cases

This text of 364 S.W.2d 384 (Marlar 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

Marlar v. State, 364 S.W.2d 384, 1963 Tex. Crim. App. LEXIS 1093 (Tex. 1963).

Pincite

Opinion

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $250.00.

The State confesses error, and we agree. The information in the case was filed July 7, 1962, while the complaint was not sworn to until July 9.

Motions to quash and in arrest of judgment were overruled.

It has long been the rule that a complaint sworn to after the information has been presented will not support a conviction. Womack v. State, 162 Tex.Cr.R. 435, 286 S.W.2d 140, and cases there cited.

The judgment is reversed and the prosecution ordered dismissed.

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