Legal Opinion

Day v. State

Court of Criminal Appeals of Texas

Decided October 6, 1926No. 10141PublishedCited by 6 opinions

The opinion states the case.

1Opinion of the Court

HAWKINS, Judge.

This prosecution is by information. The record contains no complaint as a basis, for the information. In such condition no jurisdiction is shown in the county court. Art. 415, C. C. P. 1925. Wadgymar v. State, 21 Tex. Ct. App. 459. Diltz v. State, 56 Tex. Crim. Rep. 127. Other authorities are annotated in note 5 under said Art. 415, in Vol. 1, Vernon’s 1925 C. C. P. We have not based disposition of the appeal on the defect in the record pointed out, assuming that the clerk in preparing the transcript omitted the complaint, but if in fact no complaint is on file supporting the…

2Cases cited2 opinions

  1. Blackwell v. StateCourt of Criminal Appeals of Texas · 1922
  2. Wadgymar v. StateCourt of Appeals of Texas · 1886

3Cited by6 opinions

  1. Murphy v. StateCourt of Criminal Appeals of Texas · 1937
  2. Olivares v. StateCourt of Criminal Appeals of Texas · 1934
  3. Thomas v. StateCourt of Criminal Appeals of Texas · 1927
  4. Allen v. StateCourt of Criminal Appeals of Texas · 1965
  5. Henry v. StateCourt of Criminal Appeals of Texas · 1933

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