Bender v. State
Bender v. State
353 S.W.2d 39; 171 Tex. Crim. 628; 1962 Tex. Crim. App. LEXIS 1141
(South Western Reporter, Second Series)
Bender v. State
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, Vernon’s Ann. 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.R. 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.