Jefferson v. State
| Citation | 7 S.W. 244 |
| Parties | JEFFERSON v. STATE. |
| Decision Date | 21 January 1888 |
| Court | Court of Appeals of Texas |
Appeal from Freestone county; T. W. SIMS, Judge.
On information for theft. The defendant, Alexander Jefferson, was convicted, and fined $100, and appeals from the judgment.
Kirven, Gardner & Etheredge, for appellant. Asst. Atty. Gen. Davidson, for the State.
This prosecution in the court below was upon an information for a misdemeanor, which information was based upon an affidavit or complaint. A motion in arrest of judgment attacked the sufficiency of the complaint, because the same did not commence with the words, "In the name and by the authority of the state of Texas." It is contended that, inasmuch as it is both statutory and constitutional that "all prosecutions shall be carried on in the name and by the authority of the state of Texas," (Const. art. 5, § 12; Code Crim. Proc. art. 19,) and inasmuch as the complaint is the initial step in the prosecution, and the very basis and foundation upon which the information rests, therefore it is essential to its validity that it should be commenced "in the name and by the authority of the state of Texas." Our statute prescribing the requisites of a complaint does not require the use of these words, (Code Crim. Proc. art. 236,) as is done with regard to the requisites for indictments and informations, (Id. arts. 420, 430.) There can be no question but that the words are indispensable to indictments and informations. Saine v. State, 14 Tex. App. 144. But a complaint is not required to set forth the offense with the same particularity as is an indictment or information, (Arrington v. State, 13 Tex. App. 551;) and in the case of Bell v. State, 18 Tex. App. 53, an affidavit or complaint which did not contain these words was held sufficient. It is true the words are used in the form No. 545, p. 236, Willson, Crim. Forms, and without doubt it would be better to use them in the complaint, as well as in the information. Lane v. State, 16 Tex. App. 172. A similar provision to the one quoted above from our present constitution will be found in the constitution of the republic of Texas, art. 4, § 4, (Pasch. Dig. 33.) Construing that provision with reference to an indictment for gaming, Justice WHEELER, in the early case of Drummond v. Republic, 2 Tex. 156, says: ...
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