Henderson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for escape. V.T.C.A., Penal Code Sec. 38.07. Punishment was assessed at one year in jail.

We are confronted at the outset with a fundamentally defective complaint and information. These allege in relevant part that appellant did:

“. . . intentionally and knowingly escape from the custody of Gary Godsey, when he, the said defendant, had been arrested under circumstances which reasonable [sic] showed that he had been guilty of a breach of the peace.”

Sec. 38.07(a), supra, provides:

“A person arrested for, charged with, or convicted of an…