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124 Tex. Crim. 81

Henry v. State

Court of Criminal Appeals of Texas

Decided March 15, 1933

Court of Criminal Appeals of Texas · decided 1933-03-15

Decided 1933-03-15

MORROW, Presiding Judge.

¶1Appellant was convicted of *82a misdemeanor and his punishment assessed at a fine of one dollar.

¶2The trial took place in the County Court of Wichita County. The prosecution originated in the County Court at Law of said county. There being in the record no “complaint” upon which the information was based, the court was without jurisdiction to try the case; neither can this case be considered on appeal. Article 415, C. C. P., 1925. See Vernon’s Ann. Tex. C. C. P., 1925, vol. 1, p. 313, for citation of authorities. See, also, Day v. State, 105 Texas Crim. Rep., 117; Jarrell v. State, 49 S. W. (2d) 752; Smith v. State, 112 Texas Crim. Rep., 136.

¶3The judgment is reversed and the prosecution ordered dismissed.

¶4Reversed and ordered dismissed.

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