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398 S.W.2d 290

Carter v. State

Court of Criminal Appeals of Texas

Decided January 26, 1966

Court of Criminal Appeals of Texas · decided 1966-01-26

Relies on 160 Tex. Crim. 353 - Evans v. State · Ex parte Bozeman

Good law ✅— No negative treatment on recordhow we know

Decided 1966-01-26

How this case has been cited

Cited by 3 later decisions — most recently September 1991

3 state decisions

101966197019801990decided

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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McDONALD, Presiding Judge.

¶1Appellant was convicted of the misdemeanor offense of contributing to the delinquency of a minor. Punishment was assessed at a fine of $50.00.

¶2Appellant’s counsel points out that the jurat to the complaint purports that the oath was administered by “County Attorney for Jones County, Texas”, but the jurat is wholly without signature. The record reflects the absence of a signature.

¶3Article 415, Vernon’s Ann.C.C.P., provides that no information shall he presented until affidavit has been made by some credible person charging the defendant with an offense. We had a similar record before us in Ex Parte Bozeman, 166 Tex.Cr.R. 270, 313 S.W.2d 300, where the complaint was signed but was not sworn to. This Court, speaking through Judge Wood-ley held: “An unsworn complaint cannot be the basis of criminal prosecution in the corporation court and the judgment rendered thereon is void.” Also, see Evans v. State, 160 Tex.Cr.R. 353, 271 S.W.2d 429.

¶4The State submits that appellant is correct in her brief.

¶5For the reason stated, the judgment is reversed and the prosecution under this information ordered dismissed.

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