Barrington v. State
Court of Criminal Appeals of Texas
Barrington v. State, 32 S.W.2d 837 (Tex. Crim. App. 1930)
116 Tex. Crim. 11; 1930 Tex. Crim. App. LEXIS 633
Morrow
Barrington v. State
Opinion of the Court
Aggravated assault is the offense; penalty, fine of $25.00.
The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Art. 415, C. C. P. See Vernon’s Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S. W. 487, and authorities therein cited.
The judgment is reversed and the prosecution ordered dismissed.
Reversed and dismissed.
Hawkins, J., absent.
Reference
- Full Case Name
- R. W. Barrington v. the State
- Cited By
- 2 cases
- Status
- Published