Wheeler v. State
Court of Criminal Appeals of Texas
Wheeler v. State, 353 S.W.2d 463 (Tex. Crim. App. 1962)
172 Tex. Crim. 21; 1962 Tex. Crim. App. LEXIS 859
Morrison
Wheeler v. State
Opinion
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.
Our able State’s Attorney confesses error, and we agree. Motion to quash the information was made on the grounds that it was not based on a valid complaint. The complaint does not show that it was sworn to before an officer authorized to administer oaths.
A valid complaint is a prerequisite to a valid information. Carpenter v. State, Tex.Cr.App., 218 S.W.2d 207.
The judgment is reversed, and the prosecution is ordered dismissed.
Reference
- Full Case Name
- James Lloyd WHEELER, Appellant, v. the STATE of Texas, Appellee
- Cited By
- 4 cases
- Status
- Published