Purcell v. State
| Decision Date | 29 October 1958 |
| Docket Number | No. 30000,30000 |
| Citation | 317 S.W.2d 208 |
| Parties | Vernie Earl PURCELL, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
King Fike, Dalhart, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while intoxicated; the punishment, 45 days in jail and a fine of $300.
Our able State's Attorney confesses error, and we agree. Bill of exception No. 1 recites that the complaint was not sworn to before any official or person in authority. Barrington v. State, 116 Tex.Cr.R. 11, 32 S.W.2d 837, is authority for the holding that 'as a basis for the prosecution upon an information, a complaint supported by affidavit is essential.' See also Addison v. State, Tex.Cr.App., 283 S.W.2d 55, and the cases there cited.
The judgment is reversed and the prosecution is ordered dismissed.
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State v. Pierce
...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.Cr.App.1978); Wheeler v. State, 172 Tex.Crim. 21, 353 S.W.2d 463 (1......
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Morey v. State
...765, 766 (Tex.Crim.App.1937). If one was not sworn to before an official or a person in authority, it is not valid. Purcell v. State, 317 S.W.2d 208 (Tex.Crim.App.1958). Since the requirements of 21.22 may not be met by swearing to a complaint after an information has been presented, see Ma......
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Smola v. State
...of Hill to so act. Appellant correctly points out that 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, appell......
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State v. Bishop, 04-95-00259-CR
..."If one was not sworn to before an official or a person in authority, it is not valid." Morey, supra; see also Purcell v. State, 317 S.W.2d 208 (Tex.Crim.App.1958). The issue in this case was addressed in Morey where we held that a complaint signed by a secretary but not in the presence of ......