Home/Court of Criminal Appeals of Texas/Purcell v. State

Purcell v. State

317 S.W.2d 208
Court of Criminal Appeals of Texas·Decided October 29, 1958·No. 30000·Published·Cited by 7 cases

Opinion

MORRISON, Presiding Judge.

The offense is driving while intoxicated,* the punishment, 45 days in jail and a fine of $300.

Our able State’s Attorney confesses error, and we agree. Bill of exception No. 1 recites that the complaint was not sworn to before any official or person in authority. Barrington v. State, 116 Tex.Cr.R. 11, 32 S.W.2d 837, is authority for the holding that “as a basis for the prosecution upon an information, a complaint supported by affidavit is essential.” See also Addison v. State, Tex.Cr.App., 283 S.W.2d 55, and the cases there cited.

The judgment is reversed and the prosecution is ordered dismissed.

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

Purcell v. State, 317 S.W.2d 208 (Tex. 1958).

317 S.W.2d 208 (Purcell v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Bishop
921 S.W.2d 765 (Court of Appeals of Texas, 1996)
State v. Pierce
816 S.W.2d 824 (Court of Appeals of Texas, 1991)
Morey v. State
744 S.W.2d 668 (Court of Appeals of Texas, 1988)
Smola v. State
736 S.W.2d 265 (Court of Appeals of Texas, 1987)
Willis v. State
389 S.W.2d 464 (Court of Criminal Appeals of Texas, 1965)
Nichols v. State
344 S.W.2d 694 (Court of Criminal Appeals of Texas, 1961)