Johnson v. State

HENDERSON, Judge.

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $25 and thirty days confinement in the county jail.

In the court below" appellant filed a motion to quash the complaint on the ground that the city attorney was not authorized to take an affidavit to a complaint as the basis of a prosecution for violating the local option law. Articles 34 and 36 of the Code Criminal Procedure especially authorize complaints to be made before district or county attorneys, on which an information may be based. Article 467, Code Criminal Procedure,…