Barrington v. State

Court: Court of Criminal Appeals of Texas
Date filed: 1930-11-26
Citations: 32 S.W.2d 837, 116 Tex. Crim. 11
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3 Citing Cases
Lead Opinion

Aggravated assault is the offense; penalty, fine of $25.00.

The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Art. 415, C. C. P. See Vernon's Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S.W. 487, and authorities therein cited.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

HAWKINS, J., absent.