Barnes v. State

DICE, Commissioner.

The prior opinion delivered in this cause is withdrawn.

The offense is theft of property of the value of over $5 and not more than $50; the punishment, 15 days in jail and a fine of $50.

In the complaint upon which the information is predicated, the affiant states “that I have good reason to believe that '* * but nowhere in the complaint does the affi-ant state that he does believe that the offense was committed.

It has been repeatedly held that, in obedience to the provisions of Sec. 2 of Art. 222, Vernon’s Ann.C.C.P., the affiant to a complaint must state, in addition to his…