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

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 10, 1932

DocketNo. 14837

StatusPublished

This text of 46 S.W.2d 328 (Willits 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

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

Pincite

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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