Wadgymar v. State

Decided June 5, 1886

Court of Appeals of Texas · decided 1886-06-05

Tried below before the Hon. J. T. Longino, County Judge. The convictions were for violations of the local option law, and the penalties imposed were afine of fifty dollars in one case, and one hundred dollars in the other.

Cited by 1 later decisions — most recently October 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-06-05

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Willson, Judge.

¶1These appeals are from convictions had upon informations, and the records do not contain the oaths in writing required by the statute in such cases. (Code Crim. Proc., Art. 431.) The oath required by the article above cited is a necessary prerequisite to the validity of a prosecution by information,.and *460the record on appeal must contain such oath, otherwise the conviction must be set aside. (Lackey v. The State, 14 Texas Ct. App., 164; Rose v. The State, 19 Texas Ct. App., 470.)

Opinion delivered June 5, 1886.

¶2The judgments are reversed and the causes are remanded.

¶3Reversed and remanded.