Legal Opinion

Billingslea v. State

Court of Criminal Appeals of Texas

Decided April 28, 1954No. 26,970PublishedCited by 9 opinions

1Opinion of the Court

MORRISON, Judge.

The offense is the possession of whisky for the purpose of sale in a dry area, with a prior conviction alleged to enhance the punishment; the punishment, a fine of $2,000.00.

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

3Cited by9 opinions

  1. Peterson v. StateCourt of Appeals of Texas · 1987
  2. Cadenhead v. StateCourt of Criminal Appeals of Texas · 1963
  3. Crawford v. StateCourt of Criminal Appeals of Texas · 1960
  4. Womack v. StateCourt of Criminal Appeals of Texas · 1956
  5. Thomas v. StateCourt of Criminal Appeals of Texas · 1962

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