Kinley v. State
Court of Appeals of Texas
Appeal from the County Court of Llano. Tried below before Hon. W. S. Maxwell, County Judge. This conviction is for an aggravated assault, a fine of $25 being the-punishment assessed.
1Opinion of the Court
DAVIDSON, Judge.
This prosecution was commenced in the-County Court by information charging appellant with aggravated assault predicated upon a complaint charging him with the offense of assault with intent to murder.
Under our law an information can not be presented in the proper court until a complaint has been duly made under oath by some credible person charging the defendant with an offense. Code Grim. Proc.,. art. 431.
*533Information can not be used to bring before the court a party charged with a felony for the purpose of finally trying him. It is only misdemeanors that can be presented by…
2Cited by14 opinions
- Cook v. StateCourt of Criminal Appeals of Texas · 1995
- King v. StateCourt of Criminal Appeals of Texas · 1971
- State v. RozumNorth Dakota Supreme Court · 1899
- Holland v. StateCourt of Criminal Appeals of Texas · 1981
- Johnson v. StateCourt of Criminal Appeals of Texas · 1932
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