Olivares v. State

CHRISTIAN, Judge.

The offense is malicious prosecution; the punishment, a fine of $100.

The complaint recites that affiant has good reason to believe, etc., but omits the phrase “and does believe.” The inclusion of this last named allegation is statutory. Article 222, subd. 2, C. C. P. Its omission renders the complaint fatally defective. Ward v. State, 121 Texas Crim. Rep., 260, 21 S. W. (2d) 297, and authorities cited.

The complaint is further defective in failing to follow the language of article 1298, Penal Code, defining the offense. This article reads as follows: “Whoever * * * with intent…