Legal Opinion

Sprowles v. State

Court of Criminal Appeals of Texas

Decided January 31, 1912No. 1535PublishedCited by 3 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

The complaint, which forms the basis of the information, was filed on the 29th day of December, 1910, was sworn to on the 30th day of December, 1910, the day after the filing. The information was filed on the 29th of December, 1910, one day before the affidavit made to the complaint. It is a requisite, under the statute, that a complaint be made and filed before the information. An information without the supporting complaint can not form a pleading in a misdemeanor case. At the time the information was filed the complaint was not sworn to nor was the affidavit made…

2Cases cited1 opinion

  1. Womack v. StateCourt of Criminal Appeals of Texas · 1892

3Cited by3 opinions

  1. Roberts v. StateCourt of Criminal Appeals of Texas · 1921
  2. Colbert v. StateCourt of Criminal Appeals of Texas · 1958
  3. Hernandez v. StateCourt of Criminal Appeals of Texas · 1943

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