Baldauf v. State
Decision Date | 15 July 1970 |
Docket Number | No. 43022,43022 |
Citation | 456 S.W.2d 136 |
Parties | James Frederick BALDAUF, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Dixie, Wolf & Hall, by George C. Dixie, Houston, for appellant.
Carol S. Vance, Dist. Atty., Phyllis Bell, and Vic Driscoll, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
The conviction is for violation of Art. 802, Vernon's Ann.P.C., driving while intoxicated. The punishment, a fine of $100 and twenty days in jail, probated.
Art. 802, supra, provides: 'Any person who drives or operates an automobile or any other motor vehicle upon any public road or highway in this State, or upon any street or alley within the limits of an incorporated city, town or village, while such person is intoxicated or under the influence of intoxicating liquor, shall be guilty of a misdemeanor * * *.'
The information on which the appellant was tried and convicted alleges that the appellant operated a motor vehicle while intoxicated upon a public highway in Harris County, Texas.
The complaint upon which the information is based alleges that the appellant on March 24, 1969 '* * * did then and there unlawfully operate Upon private property a motor vehicle, to wit: an automobile while under the influence of intoxicating beverages, to wit: 1003 Richmond, Houston, Harris County, Texas.' (Emphasis added)
The complaint set out above does not allege a violation of Art. 802, supra, for which the appellant was convicted. Morris v. State, 161 Tex.Cr.R. 648, 280 S.W.2d 255.
Article 21.22, Vernon's Ann.C.C.P., provides in part: 'No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.'
The information being based upon an invalid complaint is therefore fatally defective. Pitts v. State, 149 Tex.Cr.R. 608, 197 S.W.2d 1012; 1 Branch's Penal Code 2d 483, Sec. 496 and cases cited.
For the reason stated the judgment is reversed, and the prosecution ordered dismissed.
To continue reading
Request your trial-
Stafford v. State
...be her own. Appellant contends that this "forged" complaint rendered the indictment invalid and, therefore, under Baldauf v. State, 456 S.W.2d 136, 137 (Tex.Crim.App.1970), his counsel should have demanded a mistrial and that the State dismiss all charges against Appellant's argument is ent......
-
Young v. State, 07-88-0277-CR
...the basis of arrest or search warrants. Id. Since information based upon an invalid complaint is fatally defective, Baldauf v. State, 456 S.W.2d 136, 137 (Tex.Crim.App.1970), under less stringent standards, it follows that the instant complaint does not contain the proper statutory requisit......
-
Sparkman v. Peoples Nat. Bank of Tyler
...accuses him, he still has no cause of action for false imprisonment. Undoubtedly, the complaint was defective. Baldauf v. State, Tex.Cr.App., 456 S.W.2d 136; Jones v. State, Tex.Cr.App., 388 S.W.2d 716. However, the summary judgment proof in this case shows without contradiction that Sparkm......
-
Fuller v. State
...in order for the prosecutor to proceed to trial on the basis of an information. See Code Crim. Proc. Ann. art. 21.22; Baldauf v. State, 456 S.W.2d 136 (Tex.Crim.App.1970). He also cites authority stating a complaint sometimes must be filed prior to a magistrate issuing a warrant. See Code C......
-
Table of cases
...v. State , 656 S.W.2d 463 (Tex.Crim.App. 1983), §11:25 Badgett v. State , 42 S.W.3d 136 (Tex.Crim.App.2001), §7:20 Baldauf v. State , 456 S.W.2d 136 (Tex.Crim.App. 1970), §16:22 Balkum v. Texas Dep’t of Public Safety , 33 S.W.3d 263 (Tex.App.—El Paso 2000, no pet.), §3:101 Banda v. State , ......
-
Table of cases
...v. State , 656 S.W.2d 463 (Tex.Crim.App. 1983), §11:25 Badgett v. State , 42 S.W.3d 136 (Tex.Crim.App.2001), §7:20 Baldauf v. State , 456 S.W.2d 136 (Tex.Crim.App. 1970), §16:22 Balkum v. Texas Dep’t of Public Safety , 33 S.W.3d 263 (Tex.App.—El Paso 2000, no pet.), §3:101 Banda v. State , ......
-
Charging Instruments
...Supported by Valid Complaint An information must be supported by a valid complaint. [Tex. Code Crim. Proc. Art. 21.22; Baldauf v. State , 456 S.W.2d 136, 137 (Tex.Crim.App. 1970, no pet.) (holding an information fatally defective where the invalid complaint alleged driving upon private prop......
-
Charging Instruments
...Supported by Valid Complaint An information must be supported by a valid complaint. [Tex. Code Crim. Proc. Art. 21.22; Baldauf v. State , 456 S.W.2d 136 (Tex.Crim.App. 1970) (holding an information fatally defective where the invalid complaint alleged driving upon private property while int......