Wheat v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction in a bench trial for driving a motor vehicle on a public highway while intoxicated. The punishment was assessed at thirty (30) days in the county jail and a fine of $100.00; however, probation was granted for a period of six (6) months.

The sufficiency of the evidence is not challenged. The sole ground of error 1 is that the affidavit or complaint upon which the information is based is fatally defective because it was not properly sworn to by the affiant as required by Article 21.22, Vernon’s Ann.C.C.P.

The complaint appears…