Addison v. State
Court of Criminal Appeals of Texas
Addison v. State, 283 S.W.2d 55 (Tex. Crim. App. 1955)
1955 Tex. Crim. App. LEXIS 1898
Morrison
Addison v. State
Opinion
The offense is aggravated assault; the punishment, 30 days in jail.
Our State’s Attorney confesses that the complaint will not support the informa *56 tion. The complaint charges that Amando Hinojosa committed the assault while the information charges that Edwin Dale Addison assaulted the injured party.
A valid complaint is a prerequisite to a valid information. Byrom v. State, 158 Tex.Cr.R. 427, 256 S.W.2d 853. Without a complaint, the County Court has no jurisdiction. McQueen v. State, 135 Tex.Cr.R. 74, 117 S.W.2d 79.
The judgment is reversed and the prosecution ordered dismissed.
Reference
- Full Case Name
- Edwin Dale ADDISON, Appellant, v. the STATE of Texas, Appellee
- Cited By
- 7 cases
- Status
- Published