Stasny v. State

Appellant filed his petition for discretionary review on May 9, 1994. Today, eighteen months later, a majority of this Court opts to refuse the petition. In doing so, the majority does not address appellant’s question for review which asks: Is a complaint so fundamentally defective as to be null and void if it does not begin with “in the name and by authority of The State of Texas” and conclude with “against the peace and dignity of the State” as required by Tex.Code Crim. Proe.Ann. art. 1.23?

In the instant ease, even though appellant did not challenge the validity of the complaint prior to…