Court of Criminal Appeals of Texas, 1937

Nunn v. State

Nunn v. State
Court of Criminal Appeals of Texas · Decided June 16, 1937 · Lattimore
106 S.W.2d 702; 132 Tex. Crim. 613; 1937 Tex. Crim. App. LEXIS 367 (South Western Reporter, Second Series)

Nunn v. State

Opinion of the Court

LATTIMORE, Judge.

— Conviction for being a delinquent child; punishment, confinement for one year in the reformatory.

This prosecution seems to have proceeded only upon a complaint. We find in the record no information. This we regard as a fatal defect. See Art. 1085, C. C. P.; Ex parte Cain, 86 Texas Crim. Rep., 509; Hogue v. State, 87 Texas Crim. Rep., 170; Brown v. State, 99 Texas Crim. Rep., 70; Ex parte Chandler, 99 Texas Crim. Rep., 255. Because the statute requires an information, and none appears in the record, this court is with *614 out jurisdiction. Inasmuch as there appears a complaint hr accordance with the demands of the statute, and an information may be filed, the judgment of the trial court will be reversed and the cause remanded.

Reversed and remanded.

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