Diltz v. State

RAMSEY, Judge.

Appellant was convicted in the court below of the offense of unlawfully selling intoxicating liquors, and his punishment assessed at a fine of $100 and confinement in the county jail for a period of thirty days.

The record, as it comes to us, contains no complaint of any kind. A complaint, where a defendant is prosecuted by information, is the basis of the proceedings, and it must of necessity result that, in the absence of this essential charge, that the prosecution must be dismissed.

In this connection, and in view of the probability that the case will again be tried, we think…