Sawyer v. State

Court of Criminal Appeals of Texas

Sawyer v. State

227 S.W.2d 542, 154 Tex. Crim. 346, 1950 Tex. Crim. App. LEXIS 2058

CourtCourt of Criminal Appeals of Texas

DecidedMarch 8, 1950

DocketNo. 24696

StatusPublished

This text of 227 S.W.2d 542 (Sawyer 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

Sawyer v. State, 227 S.W.2d 542, 154 Tex. Crim. 346, 1950 Tex. Crim. App. LEXIS 2058 (Tex. 1950).

Pincite

Opinion

GRAVES, Judge.

Appellant was convicted by a jury of a violation of the liquor laws in Coke County, and assessed a penalty of a fine of $100.00 and 10 days in jail, and he appeals.

The complaint herein does not appear to have been sworn to before a proper officer. See Art. 415, Vernon’s Ann. C. C. P.

It further appears that no proof is present in the record relative to the dry status of Coke County. This should have been shown if the records of the commissioners court contain such proof. See McQueen v. State, 144 Tex. Cr. R. 269, 162 S. W. (2d) 703; Corley v. State, 150 Tex. Cr. R. 107, 199 S. W. (2d) 782; Jones v. State, 154 Tex. Cr. R. 88, 225 S. W. (2d) 190.

Because of the failure of the complaint to show that same was sworn to by anyone, the judgment is reversed and the prosecution ordered dismissed.

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