Opinion

Nunn v. State

132 Tex. Crim. 613
106 S.W.2d 702
1937 Tex. Crim. App. LEXIS 367

Court: Court of Criminal Appeals of Texas
Filed: Jun 16, 1937
Status: Published
Author: Lattimore
On the bench: Lattimore
Cited by: 3 cases
Authority: More cited than 69.5%

The opinion

LATTIMORE, Judge.

— Conviction for being a delinquent child; punishment, confinement for one year in the reformatory.

This prosecution seems to have proceeded only upon a complaint. We find in the record no information. This we regard as a fatal defect. See Art. 1085, C. C. P.; Ex parte Cain, 86 Texas Crim. Rep., 509 ; Hogue v. State, 87 Texas Crim. Rep., 170 ; Brown v. State, 99 Texas Crim. Rep., 70 ; Ex parte Chandler, 99 Texas Crim. Rep., 255 . Because the statute requires an information, and none appears in the record, this court is with

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out jurisdiction. Inasmuch as there appears a complaint hr accordance with the demands of the statute, and an information may be filed, the judgment of the trial court will be reversed and the cause remanded.

Reversed and remanded.

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