¶1The prior opinion delivered in this cause is withdrawn.
¶2The offense is theft of property of the value of over $5 and not more than $50; the punishment, 15 days in jail and a fine of $50.
¶3In the complaint upon which the information is predicated, the affiant states “that I have good reason to believe that '… but nowhere in the complaint does the affi-ant state that he does believe that the offense was committed.
¶4It has been repeatedly held that, in obedience to the provisions of Sec. 2 of Art. 222, Vernon’s Ann.C.C.P., the affiant to a complaint must state, in addition to his having good reason to believe, that he does believe that the alleged offense has been committed. Cook v. State, 137 Tex.Cr.R. 492, 132 S.W.2d 404; Bell v. State, Tex.Cr.App., 240 S.W.2d 302; and Fowler v. State, 156 Tex.Cr.R. 267, 240 S.W.2d 780.
¶5The complaint being fatally defective, the judgment is reversed and the prosecution is ordered dismissed.
¶6Opinion approved by the Court