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171 Tex. Crim. 628

353 S.W.2d 39

Bender v. State

Court of Criminal Appeals of Texas

Decided January 17, 1962

Court of Criminal Appeals of Texas · decided 1962-01-17

Cited by 2 later decisions — most recently May 2014

2 state decisions

Relies on Hayton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1962-01-17

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MORRISON, Judge.

¶1The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.

¶2Appellant waived his right to a jury trial and plead not guilty before the court.

¶3An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, V.A.C.C.P. A valid complaint is a prerequisite to a valid information. Article 415, V.A.C.C.P.; Byrom v. State, 158 Tex. Cr. Rep. 427, 256 S.W. 2d 853.

¶4Because of the fatal defect in the complaint, the judgment is reversed and the cause remanded.

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