Neiman v. State
Court of Appeals of Texas
Appeal from the County Court of Waller. Tried below before Hon. H. C. Tompkins, County Judge. This conviction is for an aggravated assault and battery, the punishment assessed being a fine of $15. The prosecution is by information, and the jurat to the complaint upon which the information is based is as follows: “Sworn to and subscribed before me, this the 30th day of July, A. D. 1888. “Win Greer, J. P.” A motion in arrest of judgment was made by the defendant, the ground of…
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Appeal from the County Court of Waller. Tried below before Hon. H. C. Tompkins, County Judge. This conviction is for an aggravated assault and battery, the punishment assessed being a fine of $15. The prosecution is by information, and the jurat to the complaint upon which the information is based is as follows: “Sworn to and subscribed before me, this the 30th day of July, A. D. 1888. “Win Greer, J. P.” A motion in arrest of judgment was made by the defendant, the ground of said motion being the insufficiency of the complaint, because there was no jurat to said complaint showing that said…
1Opinion of the Court
DAVIDSON, Judge.
What purports to be the original complaint upon which the information in this case is based is incorporated in the "transcript, and not being properly verified and identified, the Assistant Attorney-General has agreed that it can be treated as though such identification was established.
This alleged complaint purports to have been sworn to before “ Win Greer, J. P.,” on July 30, 1888.
Without contradiction it is made to appear by affidavits that the letters “J. P.” were added to the name “Win Greer” subsequent to the January Term, 1889, of the County Court of Waller County, by…
2Cited by5 opinions
- State v. PierceCourt of Appeals of Texas · 1991
- Aikens v. StateCourt of Appeals of Texas · 1990
- Carpenter v. StateCourt of Criminal Appeals of Texas · 1949
- State v. BarronCourt of Appeals of Texas · 1988
- State v. Carroll Pierce, Jr., Texas Court of Appeals, 3rd District (Austin)1991