Papageorge v. State

Court of Criminal Appeals of Texas

Papageorge v. State

48 S.W.2d 991, 120 Tex. Crim. 574, 1932 Tex. Crim. App. LEXIS 349

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 24, 1932

DocketNo. 14962.

StatusPublished

Cited by2 cases

This text of 48 S.W.2d 991 (Papageorge 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

Papageorge v. State, 48 S.W.2d 991, 120 Tex. Crim. 574, 1932 Tex. Crim. App. LEXIS 349 (Tex. 1932).

Pincite

Opinions

LATTIMORE, Judge.

— Conviction for misdemeanor swindling; punishment, a fine of $50 and thirty days in the county jail.

The prosecution in the case before us appears to rest upon an information. There is no complaint in the record. Our statute requires that before an information is presented an affidavit must be duly made, and that both the affidavit and information appear in the record upon appeal. No affidavit being before us, we are of opinion the prosecution cannot be maintained upon the information alone. Stubblefield v. State, 94 Texas Crim. Rep., 445, 252 S. W., 563.

The judgment will be reversed and the posecution ordered dismissed.

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI