Parsons v. State

429 S.W.2d 476, 1968 Tex. Crim. App. LEXIS 976

Opinions

OPINION

BELCHER, Judge.

The prosecution herein was upon complaint filed in corporation court. After conviction in that court he appealed to the county court.

Judgment was rendered in the County Criminal Court at Law No. 3 of Harris County finding the appellant guilty of speeding, and assessing his punishment at a fine of $101. From this judgment appellant gave notice of appeal to this court.

In the complaint contained in the record no person is alleged as the affiant. No name appears in the blank space provided for the name of the affiant at the commencement of the complaint form. No name is signed to the complaint as affiant. The jurat contains no name as affiant. .

The complaint does not comply with the provisions of Art. 15.05, Sec. 4, Vernon’s Ann. C.C.P., which require that:

“It (complaint) must be signed by the affiant by writing his name or affixing his mark.”

For the reason pointed out, the complaint is void.

The judgment is reversed and the prosecution is ordered dismissed.