Bender v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
MORRISON, Judge.
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.
Appellant waived his right to a jury trial and plead not guilty before the court.
An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, V.A.C.C.P. A valid complaint is a prerequisite to a valid information. Article 415, V.A.C.C.P.; Byrom v. State, 158 Tex. Cr. Rep. 427, 256 S.W. 2d 853.
Because of the fatal defect in the complaint, the judgment is reversed and the cause remanded.
2Cases cited1 opinion
- Byrom v. StateCourt of Criminal Appeals of Texas · 1953
3Cited by3 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1966
- Jeromy Gaddy v. State, Texas Court of Appeals, 2nd District (Fort Worth)2014
- Jeromy Gaddy v. State, Texas Court of Appeals, 2nd District (Fort Worth)2014