Wadgymar v. State

Court of Civil Appeals of Texas June 5, 1886

Wadgymar v. State, 21 Tex. Ct. App. 459 (1886)

2 S.W. 768; 1886 Tex. Crim. App. LEXIS 173

Willson

Opinion of the Court

Willson, Judge.

These appeals are from convictions had upon informations, and the records do not contain the oaths in writing required by the statute in such cases. (Code Crim. Proc., Art. 431.) The oath required by the article above cited is a necessary prerequisite to the validity of a prosecution by information,.and *460the record on appeal must contain such oath, otherwise the conviction must be set aside. (Lackey v. The State, 14 Texas Ct. App., 164; Rose v. The State, 19 Texas Ct. App., 470.)

Opinion delivered June 5, 1886.

The judgments are reversed and the causes are remanded.

Reversed and remanded.

Reference

Full Case Name: A. Wadgymar v. State
Cited By: 2 cases
Status: Published
Syllabus: Misdemeanor—Information.—Affidavit is an indispensable prerequisite to the sufficiency of an information to charge a misdemeanor, and must appear as a part of the record on appeal. Neither of the records in these cases bring up affidavits, and the convictions must, therefore, be set aside.