Wheeler v. State
This text of 172 Tex. Crim. 21 (Wheeler 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.
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, 153 Texas Cr. Rep. 99, 218 S.W. 2d 207.
The judgment is reversed, and the prosecution is ordered dismissed.
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172 Tex. Crim. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-state-texcrimapp-1962.