Holly v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.

Able State’s Attorney points the Court’s attention to the failure of the record to reflect a signature on the complaint and the failure of the complaint and information to contain the signature of the county attorney or an assistant county attorney of Lubbock County, Texas. Our attention is directed to the opinion of this Court in Carter v. State, 398 S.W.2d 290. Article 21.22, Vernon’s Ann.C.C.P. provides that: “No information shall be presented until affidavit has been made…