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172 Tex. Crim. 21

Wheeler v. State

Court of Criminal Appeals of Texas

Decided January 31, 1962

Court of Criminal Appeals of Texas · decided 1962-01-31

Cited by 1 later decisions — most recently September 1991

1 state decisions

Relies on Bland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1962-01-31

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MORRISON, Judge.

¶1The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.

¶2Our able State’s Attorney confesses error, and we agree. Motion to quash the information was made on the grounds that it was not based on a valid complaint. The complaint does not show that it was sworn to before an officer authorized to administer oaths.

¶3A valid complaint is a prerequisite to a valid information. Carpenter v. State, 153 Texas Cr. Rep. 99, 218 S.W. 2d 207.

¶4The judgment is reversed, and the prosecution is ordered dismissed.

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