Nichols v. State
| Citation | 344 S.W.2d 694,171 Tex.Crim. 42 |
| Decision Date | 29 March 1961 |
| Docket Number | No. 33230,33230 |
| Parties | Claud NICHOLS, Appellant, v. STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
[171 TEXCRIM 42] Clyde Elliott, Jr., Canton, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while intoxicated; the punishment, a fine of $50.
The complaint appearing in the transcript is not sworn to before any official or person in authority and is therefore insufficient to constitute the basis for a valid information. Purcell v. State, Tex.Cr.App., 317 S.W.2d 208.
The punishment assessed is less than the minimum, and the [171 TEXCRIM 43] judgment cannot stand. Malone v. State, Tex.Cr.App., 328 S.W.2d 310.
For the reasons set forth, the judgment is reversed and the prosecution ordered dismissed.
[171 TEXCRIM 42] WOODLEY, P. J., absent.
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State v. Pierce
...sworn to before any official or person in authority is insufficient to constitute a basis for a valid conviction. Nichols v. State, 171 Tex.Crim. 42, 344 S.W.2d 694 (1961) (citing Purcell v. State, 317 S.W.2d 208 (Tex.Cr.App.1958)); see also Eldridge v. State, 572 S.W.2d 716, 717, n. 1 (Tex......
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Ho v. State
...to before some official or person in authority is insufficient to constitute a basis for a valid conviction. Nichols v. State, 171 Tex.Crim. 42, 344 S.W.2d 694, 694 (App.1961); Price, 816 S.W.2d at However, when an original complaint and information are proper, the trial court has jurisdict......
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Wilson v. State
...Russell v. State, 352 S.W.2d 746 (Tex.Cr.App.1962); Craven v. State, 350 S.W.2d 34 (Tex.Cr.App.1961); Nichols v. State, 344 S.W.2d 694 (Tex.Cr.App.1961); Bradshaw v. State, 331 S.W.2d 52 As we previously pointed out, after appellant was convicted of committing the offense of burglary of a h......
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Grant v. State
...379 S.W.2d 333; Russell v. State, 171 Tex.Cr.R. 626, 352 S.W.2d 746; Craven v. State, Tex.Cr.App., 350 S.W.2d 34; Nichols v. State, 171 Tex.Cr.R. 42, 344 S.W.2d 694; Gilliland v. State, Tex.Cr.App., 342 S.W.2d 327; Justice v. State, 170 Tex.Cr.R. 383, 341 S.W.2d 431; and see cases collated ......