Stubblefield v. State
252 S.W. 563, 94 Tex. Crim. 444, 1922 Tex. Crim. App. LEXIS 613
Court of Criminal Appeals of Texas·Decided November 29, 1922·No. No. 7158.·Published·Cited by 6 cases
Opinions
offense is theft, a misdemeanor; punishment fixed at confinement in the county jail for a period of thirty days.
The prosecution is founded upon an information, but no complaint is found. The complaint is essential; it is jurisdictional. The prosecution cannot proceed without it. Code of Crim. Proc., Art. 479; Diltz v. State, 56 Texas Crim. Rep. 127; Vernon’s Tex. Crim. Stat., Vol. 2, p. 236, note 3.
The judgment of conviction is reversed and the prosecution ordered dismissed.
Dismissed.
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Stubblefield v. State, 252 S.W. 563, 94 Tex. Crim. 444, 1922 Tex. Crim. App. LEXIS 613 (Tex. 1922).
252 S.W. 563 (Stubblefield v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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