Nichols v. State

Decision Date05 February 1919
Docket Number(No. 5277.)
Citation208 S.W. 931
PartiesNICHOLS v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from Kaufman County Court; J. P. Coon, Judge.

Jim Nichols was convicted of carrying a pistol in violation of law, and he appeals. Affirmed.

Lee R. Stroud, of Kaufman, for appellant.

E. A. Berry, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of carrying a pistol in violation of the law, his punishment being assessed at a fine of $100.

The statement of facts found in the record is not approved by the trial judge; therefore cannot be considered.

There is a bill of exceptions reciting that after announcement of ready for trial and after the jury was sworn it was discovered that the jurat to the complaint was in some way omitted. The prosecuting officer moved the court for permission to amend the complaint by adding the jurat. The officer before whom the affidavit was made was present and introduced, and under his testimony the court permitted the jurat to be added. Under the authorities we are of opinion that the court was within the law in permitting this amendment. Appellant, we suppose, emphasizes this fact because the motion to amend was made orally instead of in writing. We do not believe that it was necessary that it should be in writing. The motion was made in open court, and the testimony admitted in connection with it showed the officer complied with the law as found by the trial court. This, we think, might be done orally; at least we so understand the decisions. Flournoy v. State, 51 Tex. Cr. R. 29, 100 S. W. 151; Neiman v. State, 29 Tex. App. 361, 16 S. W. 253; Sanders v. State, 52 Tex. Cr. R. 156, 105 S. W. 803.

There being no error on the part of the court in permitting the addition of the jurat under the circumstances, we think the judgment ought to be affirmed, and it is accordingly so ordered.

To continue reading

Request your trial
2 cases
  • Stacy v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 13, 1924
    ...in the absence of the officer's jurat, to authorize the amendment there must be proof that the oath was administered. Nichols v. State, 84 Tex. Cr. R. 522, 208 S. W. 931; Montgomery v. State, 60 Tex. Cr. R. 303, 131 S. W. 1087; Flournoy v. State, 51 Tex. Cr. R. 29, 100 S. W. 151; Sanders v.......
  • Compere v. State
    • United States
    • Texas Court of Criminal Appeals
    • March 16, 1927
    ...100 S. W. 151; Cubine v. State, 68 Tex. Cr. R. 99, 151 S. W. 301; Adams v. State, 80 Tex. Cr. R. 632, 192 S. W. 1067; Nichols v. State, 84 Tex. Cr. R. 522, 208 S. W. 931. In bill of exception No. 1, the appellant complains of the refusal of the court to sustain his motion to quash the jury ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT