Smith v. State

DAVIDSON, Presiding Judge.:

Appellant.was convicted of an assault, and his punishment assessed at a fine of $5. . Motion was made to quash the complaint because complainant only states that he had “good reason to believe,” etc. The exception being that it fails to allege in addition that the complainant “did believe that said offense was committed ;” the statute providing that the complainant must state not only that he had good reason to believe but did believe the offense to have been commited. It would seem that, under the prior decisions of our State, this would not be sufficient. In Brown…