Legal Opinion

Blaylock v. State

Court of Criminal Appeals of Texas

Decided March 9, 1955No. 27457Published

1Opinion

On Appellant’s Motion for Rehearing.

Rehearing denied.

2DissentDavidson, Judge

It is my opinion that when the trial court certified in the bill of exception that “even though the complaint and information were not changed and altered by the physical action of the County Attorney and the Court, they were changed and altered for all intent and purposes by the actual instructions of the Court and the. County Attorney,” he certified reversible error, because a complaint cannot be amended. 12 Tex.Jur., Sec. 252, p. 576; Wilson v. State, 6 Tex.App. 154; Patillo v. State, 3 Tex.App. 442; Lazenberry v. State, 50 Tex.Cr.R.…

3Cases cited7 opinions

  1. Phariss v. StateCourt of Criminal Appeals of Texas · 1939
  2. Givens v. StateCourt of Criminal Appeals of Texas · 1951
  3. Blackman v. StateCourt of Criminal Appeals of Texas · 1951
  4. Lazenberry v. StateCourt of Criminal Appeals of Texas · 1906
  5. Balbuena v. StateCourt of Criminal Appeals of Texas · 1953

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