Carter v. State, 39122
| Citation | 398 S.W.2d 290 |
| Decision Date | 26 January 1966 |
| Docket Number | No. 39122,39122 |
| Parties | Louise CARTER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Leland D. Sutton, Abilene (on appeal only), for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
Appellant was convicted of the misdemeanor offense of contributing to the delinquency of a minor. Punishment was assessed at a fine of $50.00.
Appellant's counsel points out that the jurat to the complaint purports that the oath was administered by 'County Attorney for Jones County, Texas', but the jurat is wholly without signature. The record reflects the absence of a signature.
Article 415, Vernon's Ann.C.C.P., provides that no information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. We had a similar record before us in Ex Parte Bozeman, 166 Tex.Cr.R. 270, 313 S.W.2d 300, where the complaint was signed but was not sworn to. This Court, speaking through Judge Woodley held: 'An unsworn complaint cannot be the basis of criminal prosecution in the corporation court and the judgment rendered thereon is void.' Also, see Evans v. State, 160 Tex.Cr.R. 353, 271 S.W.2d 429.
The State submits that appellant is correct in her brief.
For the reason stated, the judgment is reversed and the prosecution under this information ordered dismissed.
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State v. Pierce
...void when the jurat contains no signature but only shows the office such as "County Attorney of Jones County, Texas." Carter v. State, 398 S.W.2d 290 (Tex.Cr.App.1966). When a jurat showed that the complaint had been sworn to before "Lavern I. McCann, Hockley County, Texas," the complaint w......
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Behrend v. State
...under that information. Although such a defect would have rendered the conviction void and caused reversal on appeal, Carter v. State, 398 S.W.2d 290 (Tex.Cr.App.1966), the concept of "ready" does not demand that the State have a "perfect" indictment or information. "A defective indictment ......
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Holly v. State, 43588
...attorney or an assistant county attorney of Lubbock County, Texas. Our attention is directed to the poinion of this Court in Carter v. State, 398 S.W.2d 290. Article 21.22, Vernon's Ann.C.C.P. provides that: 'No information shall be presented until affidavit has been made by some credible p......
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Table of cases
...State , 2 S.W.3d 275 (Tex.Crim.App. 1999), §16:140 Carroll v. State , 915 S.W.2d 246 (Tex.App.—Beaumont 1996), §14:92 Carter v. State , 398 S.W.2d 290 (Tex.Crim.App. 1966), §16:14 Table of Cases A-3 Carter v. State , Not Reported in S.W.3d, 2003 WL 1544216, Tex.App.—Dallas, March 26, 2003 (......
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Table of cases
...State , 2 S.W.3d 275 (Tex.Crim.App. 1999), §16:140 Carroll v. State , 915 S.W.2d 246 (Tex.App.—Beaumont 1996), §14:92 Carter v. State , 398 S.W.2d 290 (Tex.Crim.App. 1966), §16:14 Carter v. State , Not Reported in S.W.3d, 2003 WL 1544216, Tex.App.—Dallas, March 26, 2003 (NO. 05-02-00504-CR)......
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Charging Instruments
...title. [ Carpenter v. State , 218 S.W.2d 207, 208 (Tex.Crim.App. 1949).] • Shows the authorized o൶ce but is unsigned. [ Carter v. State , 398 S.W.2d 290 (Tex.Crim.App. 1966).] [§§16:15-16:19 Reserved] B. Indictment and Information Requirements §16:20 Constitutional Requirement: Indictment o......
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Charging Instruments
...of title. [ Carpenter v. State , 218 S.W.2d 207 (Tex.Crim.App. 1949).] • Shows the authorized o൶ce but is unsigned. [ Carter v. State , 398 S.W.2d 290 (Tex.Crim.App. 1966).] [§§16:15-16:19 Reserved] B. Indictment and Information Requirements §16:20 Constitutional Requirement: Indictment or ......