Olivares v. State

ON STATE’S MOTION FOR REHEARING.

CHRISTIAN, Judge.

It is now properly made to appear that the complaint was not correctly copied in the transcript. A supplemental transcript, duly certified, shows that the complaint in fact contained an averment that “affiant has good reason to believe, and does believe,” etc. Further, the complaint contained an allegation to the effect that appellant caused the criminal prosecution to be instituted. It was because of the omission of the averments to which reference has been made that the judgment was reversed and the prosecution ordered dismissed.

The statement…