McCormick v. State, 30550
| Decision Date | 29 April 1959 |
| Docket Number | No. 30550,30550 |
| Citation | 323 S.W.2d 462,168 Tex.Crim. 60 |
| Parties | Arthur L. McCORMICK, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John R. Coffee, Big Spring, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is under Art. 567b, Vernon's Ann.P.C. for the giving of a worthless check in the amount of $12.95, with punishment assessed at 15 days in jail and a fine of $25.
Our State's Attorney confesses that there is no valid complaint upon which to base the information.
The complaint fails to allege that the check was given with intent to defraud. The intent to defraud is an essential element of the offense. Art. 567b, Sec. 1, supra; Kuykendall v. State, 143 Tex.Cr.R. 607, 160 S.W.2d 525. Being an essential element of the offense, such intent should have been alleged in the complaint. Browder v. State, 163 Tex.Cr.R. 375, 292 S.W.2d 342.
A valid complaint is prerequisite to a valid information. Addison v. State, Tex.Cr.App., 283 S.W.2d 55.
The judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the court.
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Richardson v. State
...would not have been sustained had the indictment contained the required allegation. To the same effect are the cases of McCormick v. State, Tex.Cr.App., 323 S.W.2d 462; Wright v. State, Tex.Cr.App., 324 S.W.2d 883; Martinez v. State, Tex.Cr.App., 325 S.W.2d 145; and Thompson v. State, Tex.C......
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Wright v. State
...offense, such intent should have been alleged in the complaint. Browder v. State, 163 Tex.Cr.R. 375, 292 S.W.2d 342, and McCormick v. State, Tex.Cr.App., 323 S.W.2d 462. A valid complaint is a prerequisite to a valid information. Addison v. State, Tex.Cr.App., 283 S.W.2d [168 TEXCRIM 215] T......
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Burleson v. State, 39697
...the complaint that the check was given with the intent to defraud renders it invalid. Hence, the conviction is void. McCormick v. State, 168 Tex.Cr.R. 60, 323 S.W.2d 462; Wright v. State, 324 S.W.2d 883; Martinez v. State, Tex.Cr.App., 325 S.W.2d The judgment is reversed and the prosecution......