Abbey v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before the Hon. Jno. Tj. Terrell. Appeal from a conviction of aggravated assault; penalty, sixty days confinement in the county jail.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of aggravated assault, and his punishment assessed at sixty days imprisonment in the county jail.-
The complaint and information in this case were filed on December 26, 1907. The complaint, however, was not sworn to until September 9, 1908. Ho new information was filed after the complaint was sworn to. Appellant filed a motion on account of the defective complaint and information based thereon on the ground that the complaint was not sworn to at the time the information was filed. We think this motion was well taken, and should have been sustained. Before…
2Cited by2 opinions
- Murphy v. StateCourt of Criminal Appeals of Texas · 1937
- Colbert v. StateCourt of Criminal Appeals of Texas · 1958