Stubblefield v. State

Court: Court of Criminal Appeals of Texas
Date filed: 1922-11-29
Citations: 252 S.W. 563, 94 Tex. Crim. 444, 1922 Tex. Crim. App. LEXIS 613
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6 Citing Cases
Lead Opinion

The offense is theft, a misdemeanor; punishment fixed at confinement in the county jail for a period of thirty days.

The prosecution is founded upon an information, but no complaint is found. The complaint is essential; it is jurisdictional. The prosecution cannot proceed without it. Code of Crim. Proc., Art. 479; Diltz v. State, 56 Tex. Crim. 127; Vernon's Tex.Crim. Stat., Vol. 2, p. 236, note 3.

The judgment of conviction is reversed and the prosecution ordered dismissed.

Dismissed.

ON REHEARING.
May 20, 1923.