Parsons v. State

Court of Criminal Appeals of Texas

Parsons v. State

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

CourtCourt of Criminal Appeals of Texas

DecidedMay 8, 1968

Docket41245

StatusPublished

Cited by8 cases

This text of 429 S.W.2d 476 (Parsons 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.

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Parsons v. State, 429 S.W.2d 476, 1968 Tex. Crim. App. LEXIS 976 (Tex. 1968).

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Opinions

OPINION

BELCHER, Judge.

The prosecution herein was upon complaint filed in corporation court. After [477]*477conviction 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.

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