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56 Tex. Crim. 65

118 S.W 1031

Mendoz v. State

Court of Criminal Appeals of Texas

Decided April 28, 1909

Court of Criminal Appeals of Texas · decided 1909-04-28

<p>Abandonment of Wife—Affidavit—Information.</p> <p>In a prosecution of husband abandoning wife, where there was no affidavit supporting the information, the prosecution could not be maintained.</p>

Decided 1909-04-28

BROOKS, Judge.

¶1 This is a conviction of appellant on a charge of abandoning his wife, his punishment being assessed at $100 fine.

¶2 There is no affidavit in this record accompanying the information without which a successful prosecution can not be had.

¶3 Accordingly the judgment is reversed and the prosecution ordered dismissed.

¶4 Dismissed.

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