Court of Criminal Appeals of Texas, 1929

Smith v. State

Smith v. State
Court of Criminal Appeals of Texas · Decided February 20, 1929 · Morrow
13 S.W.2d 854; 112 Tex. Crim. 136; 1929 Tex. Crim. App. LEXIS 253 (South Western Reporter, Second Series)

Smith v. State

Opinion of the Court

MORROW, Presiding Judge.

— The offense is operating a pool hall denounced by Art. 653, P. C., 1925; penalty fixed at a fine of $25.00.

The trial took place in the county court upon an information filed by the county attorney. A prosecution upon an information is authorized only when the information is based upon a sworn complaint. See Art. 415, C. C. P., 1925. In the absence of the complaint, the prosecution cannot stand. The judgment of conviction is reversed and the prosecution ordered dismissed. Branch’s Ann. Tex. P. C., p. 269, sec. 520; Compton v. State, 158 S. W. 515; McDonald v. State, 216 S. W. 166; Thomas v. State, 298 S. W. 590; Art. 415, Vernon’s Ann. Tex. C. C. P., 1925, Vol. 1, 1928 Annual Pocket Part, p. 23, note 5.

Reversed and dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.