Public-domain · open source
OpenJurist

172 Tex. Crim. 21

353 S.W.2d 463

Wheeler v. State

Court of Criminal Appeals of Texas

Decided January 31, 1962

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

Relies on Bland v. State

Decided 1962-01-31

MORRISON, Judge.

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

¶2 Our 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.

¶3 A valid complaint is a prerequisite to a valid information. Carpenter v. State, Tex.Cr.App., 218 S.W.2d 207.

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

/172/texcrim/21 · .json · Public domain