Wheeler v. State
353 S.W.2d 463, 172 Tex. Crim. 21, 1962 Tex. Crim. App. LEXIS 859
Opinion
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.
Our able State’s Attorney confesses error, and we agree. Motion to quash the information was made on the grounds that it was not based on a valid complaint. The complaint does not show that it was sworn to before an officer authorized to administer oaths.
A valid complaint is a prerequisite to a valid information. Carpenter v. State, Tex.Cr.App., 218 S.W.2d 207.
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
Wheeler v. State, 353 S.W.2d 463, 172 Tex. Crim. 21, 1962 Tex. Crim. App. LEXIS 859 (Tex. 1962).
353 S.W.2d 463 (Wheeler v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Holland v. State
623 S.W.2d 651 (Court of Criminal Appeals of Texas, 1981)
O'QUINN v. State
462 S.W.2d 583 (Court of Criminal Appeals of Texas, 1970)
Greer v. State
437 S.W.2d 558 (Court of Criminal Appeals of Texas, 1969)