Tipps v. State

Court of Criminal Appeals of Texas

Tipps v. State

361 S.W.2d 378, 1962 Tex. Crim. App. LEXIS 792

CourtCourt of Criminal Appeals of Texas

DecidedOctober 31, 1962

DocketNo. 34920

StatusPublished

This text of 361 S.W.2d 378 (Tipps 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

Tipps v. State, 361 S.W.2d 378, 1962 Tex. Crim. App. LEXIS 792 (Tex. 1962).

Pincite

Opinion

DICE, Commissioner.

The conviction is for driving while intoxicated; the punishment, three days in jail and a fine of $50.

Trial was before the court without the intervention of a jury.

The record is similar to that in Thomas v. State, Tex.Crim.App., 361 S.W.2d 392, an appeal from Van Zandt County, this day decided, and shows that the information was not presented upon a complaint then in existence, as required by Art. 415, Vernon’s Ann.C.C.P.

For such reason and under the authorities cited in our opinion reversing the conviction in the Thomas case, the information is invalid.

The judgment is reversed and the cause is remanded.

Opinion approved by the court.

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