# Fowler v. State

> Court of Criminal Appeals of Texas · May 9, 1951 · 240 S.W.2d 780

URL: https://www.frixlaw.com/law-library/cases/9673992

## Case

- **Full name:** Fowler v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 9, 1951
- **Citations:** 240 S.W.2d 780
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Beauchamp, Morrison, Davidson
- **Cited by:** 0 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/9673992

## Opinion text

DAVIDSON, Commissioner.
The offense is the unlawful possession of whisky for sale in a dry area; the punishment, a fine of $200.
The complaint upon which the information is predicated recites that the affiant thereto “has good reason to believe and charge * * *."
We have repeatedly held that, in obedience to the provisions of Sec. 2 of Art. 222, C.C.P., the affiant to the complaint must state, in addition to his having good reason to believe, that he does believe that the alleged offense has been committed. Bell v. State, Tex.Cr.App., 240 S.W.2d 302 , and authorities there cited; Cook v. State, 137 Tex.Cr.R. 492 , 132 S.W.2d 404 .
The complaint being fatally defective, the judgment is reversed and prosecution ordered dismissed.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673992. Public record. Not legal advice.