Legal Opinion

Willits v. State

Court of Criminal Appeals of Texas

Decided February 10, 1932No. 14837Published

1Opinion of the Court

LATTIMORE, Judge.

Conviction for unlawfully carrying a pistol; punishment, a fine of $100.

The prosecution is upon complaint and information. The complaint *118has no jurat of any officer certifying that same was subscribed and sworn to before him. The complaint is fatally defective. The jurat of some officer authorized by law to administer oaths, is necessary to verify the fact that the complaint was properly sworn to. Scott v. State, 9 Texas App., 434; Robertson v. State, 25 Texas App., 529, 8 S. W., 659; Stalcup v. State, 99 Texas Crim. Rep., 415, 269 S. W., 1044.

The judgment will be reversed…

2Cases cited2 opinions

  1. Stalcup v. StateCourt of Criminal Appeals of Texas · 1925
  2. Robertson v. StateCourt of Appeals of Texas · 1888

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