Legal Opinion

Snyder v. State

Court of Criminal Appeals of Texas

Decided November 25, 1959No. 30986PublishedCited by 6 opinions

1Opinion of the Court

DAVIDSON, Judge.

This is a conviction for driving while intoxicated upon a public highway, with punishment assessed at three days in jail and a fine of $50.

The complaint upon which the information in this case was presented states that the affiant has “good reason to believe and charge” that the appellant committed the offense charged.

It will be noted that nowhere therein does the affiant swear that he “does believe” that appellant committed the offense.

A complaint sworn to only on belief is bad and will not *483support an information. Art. 222, Sec. 2, C.C.P.; Betels v. State, 145 Texas Cr. Rep.…

2Cases cited2 opinions

  1. Ex Parte LuehrCourt of Criminal Appeals of Texas · 1954
  2. Betels v. StateCourt of Criminal Appeals of Texas · 1943

3Cited by6 opinions

  1. Kaspar v. StateCourt of Criminal Appeals of Texas · 1964
  2. Schultz v. State, Texas Court of Appeals, 1st District (Houston)1987
  3. Fields v. StateCourt of Criminal Appeals of Texas · 1961
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1964
  5. Trussell v. StateCourt of Criminal Appeals of Texas · 1964

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