# Midkiff v. State

> Court of Criminal Appeals of Texas · March 10, 1948 · 151 Tex. Crim. 538

URL: https://www.frixlaw.com/law-library/cases/3943461

## Case

- **Full name:** Henry Herman Midkiff v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 10, 1948
- **Citations:** 151 Tex. Crim. 538; 209 S.W.2d 354; 1948 Tex. Crim. App. LEXIS 1089
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3943461

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3943461. Public record. Not legal advice.