Marlar v. State

Court of Criminal Appeals of Texas

Decided February 6, 1963

Court of Criminal Appeals of Texas · decided 1963-02-06

Relies on Womack v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-02-06

How this case has been cited

Cited by 25 later decisions — most recently November 2018 · most notably Fondren, Alias Taylor v. State (1965), Spence v. State (1990)

2 federal appellate · 23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MORRISON, Judge.

¶1The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $250.00.

¶2The State confesses error, and we agree. The information in the case was filed July 7, 1962, while the complaint was not sworn to until July 9.

¶3Motions to quash and in arrest of judgment were overruled.

¶4It has long been the rule that a complaint sworn to after the information has been presented will not support a conviction. Womack v. State, 162 Tex.Cr.R. 435, 286 S.W.2d 140, and cases there cited.

¶5The judgment is reversed and the prosecution ordered dismissed.