Byers v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

In our original opinion we differentiated the facts in the case at bar from those in Bradberry v. State, 68 Tex. Cr. Rep. 614, 152 S. W. 169, by observing that in the Bradberry case the day of the month in one of the accusatory documents had been left blank. Such a distinction does exist, but the holding in the Brad-berry case was “. . . it must affirmatively appear that the complaint was sworn to before the information was filed.”

We have carefully studied the opinion in the Bradberry case and have concluded that there is much of merit in the dissenting…