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 (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 Tex.Cr.R. 509, 217 S.W. 386; Hogue v. State, 87 Tex.Cr.R. 170, 220 S.W. 96; Brown v. State, 99 Tex. Cr.R. 70, 268 S.W. 460; Ex parte Chandler, 99 Tex.Cr.R. 255, 268 S.W. 749. Because the statute requires an information, and none appears in the record, this court is without jurisdiction. Inasmuch as there appears a complaint in 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.

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