Legal Opinion

Billingslea v. State

Court of Criminal Appeals of Texas

Decided June 9, 1954No. 26970Published

1Opinion of the Court

MORRISON, Judge.

The offense is the possession of whiskey for the purpose of sale in a dry area, with a prior conviction alleged to enhance the punishment; the punishment, a fine of $2,000.

No statement of facts accompanies the record.

Complaint is made for the first time in this Court that the information is not based on a valid complaint because the complaint itself is fatally defective and void. The complaint purports .to be the affidavit of E. Dean Fuller; it is signed “E. Dean Fuller”; but when the officer came to affix his jurat he did so as follows:

“Sworn to and subscribed before me by…

2Cases cited3 opinions

  1. Hampton v. StateCourt of Criminal Appeals of Texas · 1952
  2. Howard v. StateCourt of Criminal Appeals of Texas · 1952
  3. Chapman v. StateCourt of Criminal Appeals of Texas · 1938

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