Public-domain · open source
OpenJurist

9 Tex. Ct. App. 434

Scott v. State

Court of Appeals of Texas

Decided July 1, 1880

Court of Appeals of Texas · decided 1880-07-01

' Tried below before the Hon. Gr. Lane, County Judge. The conviction was for unlawfully pulling down the fence of another, and a fine of $10 was assessed against the appellant.

Decided 1880-07-01

Hurt, J.

¶1In this case the jurat of the county attorney was affixed to the complaint upon which the information was based after the trial and conviction. To all of this the appellant objected, and saved the point by bill.

¶2There was no complaint unless it was sworn to, and that fact shown by the jurat of the proper officer. This not having been done, there was no legal information, and consequently the trial was a nullity. Nor does the affixing of the jurat after the trial heal these defects. The judgment is therefore reversed and the case dismissed

¶3Reversed and dismissed.

/9/texctapp/434 · .json · Public domain