McDonald v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of violating the local option law.

The transcript does not contain a complaint as a predicate for the information. Appellant, under the record, was tried on an information without a complaint. This would necessitate a reversal and dismissal of the prosecution. A misdemeanor in the County Court cannot be ■ prosecuted without a complaint as a predicate for the information. It may be, however, the clerk omitted to insert it in the transcript and the defect could be cured by legal procedure.

There is another question that requires a reversal of the…