Pitts v. State

DAVIDSON, Judge.

The conviction is for aggravated assault, the punishment, sixty days in jail.

The information contained multiple counts. The conviction was predicated upon that count which charged an assault with premeditated design and by the use of means calculated to inflict great bodily injury, as provided by Sec. 9 of Art. 1147, P.C.

The pivotal question is whether the information was based upon a sufficient complaint. It is elementary that an information must be based upon a proper complaint, without which the information is fatally defective. 23 Tex. Jur., Sec. 12, p. 601, Branch’s P.…