Willits v. State

Court of Criminal Appeals of Texas

Willits v. State

46 S.W.2d 328, 119 Tex. Crim. 117, 1932 Tex. Crim. App. LEXIS 36

Court of Criminal Appeals of Texas·Decided February 10, 1932·No. No. 14837·Published

Opinion

LATTIMORE, Judge.

Conviction for unlawfully carrying a pistol; punishment, a fine of $100.

The prosecution is upon complaint and information. The complaint [118]*118has no jurat of any officer certifying that same was subscribed and sworn to before him. The complaint is fatally defective. The jurat of some officer authorized by law to administer oaths, is necessary to verify the fact that the complaint was properly sworn to. Scott v. State, 9 Texas App., 434; Robertson v. State, 25 Texas App., 529, 8 S. W., 659; Stalcup v. State, 99 Texas Crim. Rep., 415, 269 S. W., 1044.

The judgment will be reversed and the prosecution ordered dismissed.

Dismissed.

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LATTIMORE, Judge.

Conviction for unlawfully carrying a pistol; punishment, a fine of $100.

The prosecution is upon complaint and information. The complaint [118]*118has no jurat of any officer certifying that same was subscribed and sworn to before him. The complaint is fatally defective. The jurat of some officer authorized by law to administer oaths, is necessary to verify the fact that the complaint was properly sworn to. Scott v. State, 9 Texas App., 434; Robertson v. State, 25 Texas App., 529, 8 S. W., 659; Stalcup v. State, 99 Texas Crim. Rep., 415, 269 S. W., 1044.

The judgment will be reversed and the prosecution ordered dismissed.

Dismissed.

Willits v. State, 46 S.W.2d 328, 119 Tex. Crim. 117, 1932 Tex. Crim. App. LEXIS 36 (Tex. 1932).

Pincite

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Opinion

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