Addison v. State

Court of Criminal Appeals of Texas

Decided October 26, 1955

Court of Criminal Appeals of Texas · decided 1955-10-26

Cited by 7 later decisions — most recently November 1981

7 state decisions

Relies on Hayton v. State · Andrews v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1955-10-26

View the full empirical analysis of this case →

MORRISON, Presiding Judge.

¶1 The offense is aggravated assault; the punishment, 30 days in jail.

¶2 Our State’s Attorney confesses that the complaint will not support the informa *56 tion. The complaint charges that Amando Hinojosa committed the assault while the information charges that Edwin Dale Addison assaulted the injured party.

¶3 A valid complaint is a prerequisite to a valid information. Byrom v. State, 158 Tex.Cr.R. 427, 256 S.W.2d 853. Without a complaint, the County Court has no jurisdiction. McQueen v. State, 135 Tex.Cr.R. 74, 117 S.W.2d 79.

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