Opinion

Midkiff v. State

  • 151 Tex. Crim. 538
  • 209 S.W.2d 354
  • 1948 Tex. Crim. App. LEXIS 1089
Court
Court of Criminal Appeals of Texas
Filed
Mar 10, 1948
Status
Published
Author
Davidson
On the bench
Davidson
Cited by
2 cases
Authority
More cited than 90.3%

The opinion

DAVIDSON, Judge.

This is a conviction for driving an automobile while intoxicated ; the punishment, a fine of $50.00.

The jurat to the complaint reads as follows:

“Sworn to and subcribed by Ray Owens, a credible person before me, on this the 24th day of February, A. D. 1947.

“Sidney J. Brown,____________

“(No Seal) Fort Bend County, Texas.”

A complaint must be sworn to before an officer authorized to administer an oath. Art. 415, C. C. P. The jurat to the instant complaint does not so reflect. It is, therefore, fatally defective. Shurbet v. State, 124 Tex. Cr. R. 50 , 60 S. W. (2d) 791 ; Neely v. State, 144 Tex. Cr. R. 92 , 161 S. W. (2d) 294 .

Because the information is not supported by a valid complaint, the judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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