Morris v. State

Birdsong, Judge.

Appellant Morris was charged with the offense of theft by taking (shoplifting). The state rested its case upon an accusation in which the supporting affidavit was *794left completely blank. Appellant moved orally to dismiss the accusation for lack of a valid affidavit. The trial court in findings of fact and conclusions of law acknowledged the absence of a properly executed affidavit accompanying the accusation but concluded that a legally sufficient affidavit was a part of the arrest warrant and that the warrant affidavit was sufficient to support the accusation. See Dickson v.…