Bender v. State
Cases that cite this one
2 later published cases cite this decision.
- Jeromy Gaddy v. State (Tex. App. 2014)
- Smith v. State (Tex. Crim. App. 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.
Appellant waived his right to a jury trial and plead not guilty before the court.
An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, V.A.C.C.P. A valid complaint is a prerequisite to a valid information. Article 415, V.A.C.C.P.; Byrom v. State, 158 Tex. Cr. Rep. 427, 256 S.W. 2d 853.
Because of the fatal defect in the complaint, the judgment is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.