Brown v. State
Court of Appeals of Texas
Appeal from the County Court of Brazoria. Tried below before the Hon. E. N. Wilson, County Judge. The conviction was for adultery, and a fine of $200 the punishment imposed on the appellant. The matters relevant to the rulings are disclosed in the opinion.
1Opinion of the CourtWhite, P. J.
It is a provision of the Code of Criminal Procedure that “An information shall not be presented by the district or county attorney until oath has been made by some credible person charging the defendant with an offense. The oath shall be reduced to writing *452and filed with the information. It may be sworn to before the district or county attorney, who for that pmpose shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths.” Code Crim. Proc. art. 431.
“ Upon complaint being made before a district or county attorney that an offense has…
2Cases cited2 opinions
- People Ex Rel. Cook v. BeckerNew York Court of Appeals · 1859
- State v. DaleWisconsin Supreme Court · 1854