¶1The conviction is for driving while intoxicated; the punishment, three days in jail and a fine of $50.
¶2Trial was before the court without the intervention of a jury.
¶3Motion was made by appellant to dismiss the information on the ground that no complaint was in existence when the information was presented, which motion was by the court overruled.
¶4The record reflects that the information was presented on December 28, 1961, and that the complaint upon which it was purported to be based was not sworn to until the following day.
¶5It follows that the information was not presented upon a complaint then in existence and is therefore invalid. Art. 415, Vernon’s Ann.C.C.P.; Baker v. State, 159 Tex.Cr.R. 491, 265 S.W.2d 600; and Billingslea v. State, 160 Tex.Cr.R. 244, 268 S.W.2d 668.
¶6The judgment is reversed and the cause is remanded.
¶7Opinion approved by the court.