Winans v. State

Court of Criminal Appeals of Texas

Winans v. State

117 S.W.2d 81, 135 Tex. Crim. 102, 1938 Tex. Crim. App. LEXIS 584

Court of Criminal Appeals of Texas·Decided March 9, 1938·No. No. 19518.·Published·Cited by 1 cases

Opinions

Graves, Judge.

The offense charged is for violating the local option liquor laws, the punishment assessed being a fine of $300.00.

The record is before us without a complaint being incorporated therein. We have heretofore held that a complaint is necessary in order to confer jurisdiction upon the county court. See Article 415, G. C. P.; McQueen v. State, No. 19521, opinion this day handed down [page 74 of this volume], and Olivares v. State, 76 S. W. (2d) 140.

The judgment is reversed and the prosecution ordered dismissed.

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Graves, Judge.

The offense charged is for violating the local option liquor laws, the punishment assessed being a fine of $300.00.

The record is before us without a complaint being incorporated therein. We have heretofore held that a complaint is necessary in order to confer jurisdiction upon the county court. See Article 415, G. C. P.; McQueen v. State, No. 19521, opinion this day handed down [page 74 of this volume], and Olivares v. State, 76 S. W. (2d) 140.

The judgment is reversed and the prosecution ordered dismissed.

Winans v. State, 117 S.W.2d 81, 135 Tex. Crim. 102, 1938 Tex. Crim. App. LEXIS 584 (Tex. 1938).

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