Court of Criminal Appeals of Texas, 1953

Byrom v. State

Byrom v. State
Court of Criminal Appeals of Texas · Decided April 15, 1953 · Morrison
256 S.W.2d 853 (South Western Reporter, Second Series)

Byrom v. State

Opinion

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $100. •

The jurat affixed to the complaint does not show that the complaint was *854 sworn to before an officer authorized to administer the oath required under the provisions of Article 415, C.C.P. Stanley v. State, 143 Tex.Cr.R. 350, 158 S.W.2d 785; Neely v. State, 144 Tex.Cr.R. 92, 161 S.W.2d 294; and cases1 cited therein.

A valid complaint is a prerequisite to a valid information.

The judgment of the trial court is reversed and the cause remanded.

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