Johnson v. State
| Decision Date | 08 February 1950 |
| Docket Number | No. 24650,24650 |
| Citation | 226 S.W.2d 644,154 Tex.Crim. 257 |
| Parties | JOHNSON v. STATE. |
| Court | Texas Court of Criminal Appeals |
None on appeal, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
The appeal is from a conviction for possessing liquor for the purpose of sale in a dry area, with a fine of $100.
When the case was called for trial appellant timely filed a motion to quash the complaint and information on the alleged ground that same is too indefinite and uncertain and does not point out with sufficient certainty the county in which the offense is alleged to have been committed. The court properly overruled this motion.
After the trial and conviction, a motion in arrest of judgment was filed alleging that there is a veriance between the complaint and information and that the complaint was not sworn to by anyone shown to have authority to do so.
The State's Attorney has filed a brief admitting error in that the complaint says it was sworn to and subscribed before B. P. Maddox, but does not show the authority of this person to so act. He cites Robertson v. State, 25 Tex.App. 529, 8 S.W. 659. This case seems to have been followed in a number of cases to the present time. See also Articles 220, 221 and 222, Vernon's Ann.C.C.P., and annotations thereunder.
It clearly appears that the affidavit is no affidavit at all, under the holdings of this court, and, therefore, the complaint is void. The judgment of the trial court is reversed and the prosecution is ordered dismissed.
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...it was sworn to before a named person but does not show the authority of such person to act, the complaint is void. Johnson v. State, 154 Tex.Crim. 257, 226 S.W.2d 644 (1950); Smola v. State, 736 S.W.2d 265, 266 (Tex.App.1987, no pet.). The complaint is also void when the jurat contains no ......
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...this renders the complaint and information based thereon void. Purcell v. State, 317 S.W.2d 208 (Tex.Cr.App.1958); Johnson v. State, 154 Tex.Cr.R. 257, 226 S.W.2d 644 (1950). 1 In the absence of a valid information and complaint, appellant's misdemeanor conviction in cause number 21,897 is ......
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