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151 Tex. Crim. 538

209 S.W.2d 354

Midkiff v. State

Court of Criminal Appeals of Texas

Decided March 10, 1948

Court of Criminal Appeals of Texas · decided 1948-03-10

Cited by 1 later decisions — most recently April 1958

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1948-03-10

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DAVIDSON, Judge.

¶1 This is a conviction for driving an automobile while intoxicated ; the punishment, a fine of $50.00.

¶2 The jurat to the complaint reads as follows:

¶3 “Sworn to and subcribed by Ray Owens, a credible person before me, on this the 24th day of February, A. D. 1947.

¶4 “Sidney J. Brown,____________

¶5 “(No Seal) Fort Bend County, Texas.”

¶6 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.

¶7 Because the information is not supported by a valid complaint, the judgment is reversed and the prosecution ordered dismissed.

¶8 Opinion approved by the Court.

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