Melton v. State

Court of Criminal Appeals of Texas

Melton v. State

27 S.W.2d 161, 115 Tex. Crim. 488, 1930 Tex. Crim. App. LEXIS 535

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 26, 1930

DocketNo. 13004.

StatusPublished

Cited by1 cases

This text of 27 S.W.2d 161 (Melton 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

Melton v. State, 27 S.W.2d 161, 115 Tex. Crim. 488, 1930 Tex. Crim. App. LEXIS 535 (Tex. 1930).

Pincite

Opinions

Child desertion is the offense; penalty, confinement in the county jail for a period of thirty days.

The trial was had upon an information and in the absence of a complaint. Art. 415, C. C. P., 1925, declares:

"No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information."

Without the complaint the prosecution cannot proceed. See Stubblefield v. State, 94 Tex.Crim. R., 252 S.W. 563; McDonald v. State, 86 Tex.Crim. R., 216 S.W. 166; and numerous other cases collated in Vernon's Ann. Tex. C. C. P., 1925, Vol. 1, p. 313.

The judgment of conviction is reversed and the prosecution ordered dismissed.

ON REINSTATEMENT OF APPEAL.

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