Court of Criminal Appeals of Texas, 1953

Byrom v. State

Byrom v. State
Court of Criminal Appeals of Texas · Decided April 15, 1953 · Morrison
158 Tex. Crim. 427; 256 S.W.2d 853; 1953 Tex. Crim. App. LEXIS 1638

Byrom v. State

Opinion of the Court

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $100.00.

The jurat affixed to the complaint does not show that the complaint was 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 cases cited therein.

*428A 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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