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353 S.W.2d 39

Bender v. State

Decided January 17, 1962

Relies on Hayton v. State

Decided 1962-01-17

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.

¶3 An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, Vernon’s Ann. 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.R. 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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