Snyder v. State

329 S.W.2d 292, 168 Tex. Crim. 482, 1959 Tex. Crim. App. LEXIS 2619

Opinions

DAVIDSON, Judge.

This is a conviction for driving while intoxicated upon a public highway, with punishment assessed at three days in jail and a fine of $50.

The complaint upon which the information in this case was presented states that the affiant has “good reason to believe and charge” that the appellant committed the offense charged.

It will be noted that nowhere therein does the affiant swear that he “does believe” that appellant committed the offense.

A complaint sworn to only on belief is bad and will not support an information. Art. 222, Sec. 2, C.C.P.; Betels v. State, 145 Texas Cr. Rep. 368, 168 S.W. 2d 499; Ex parte Luehr, 159 Texas Cr. Rep. 566, 266 S.W. 2d 375; Branch’s P.C., 2 Ed., Vol. 1, Sec. 498, p. 485.

The complaint being fatally defective, the prosecution must be dismissed.

The conviction is reversed and the prosecution ordered dismissed.