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

MORROW, Presiding Judge.

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