Bender v. State

Court of Criminal Appeals of Texas
Bender v. State, 171 Tex. Crim. 628 (Tex. Crim. App. 1962)
Morrison

Bender v. State

Opinion of the Court

MORRISON, Judge.

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.

Reference

Full Case Name
Edward J. Bender v. State
Cited By
3 cases
Status
Published