Ethridge v. State

DAVIDSON, Judge.

The case originated in the County Court by filing complaint charging appellant- with gaming. There was no information filed, appellant was tried only on the complaint. Motion in arrest of judgment was based on the failure of the county attorney to file a complaint [information]. This was overruled by the court, it seems, on the theory that appellant had gone to trial without raising the objection that the information had not been filed. This is not a valid reason. Nor did it constitute waiver.

The Constitution, article 5, section 17, among other things, provides that…