Thomas v. State
| Decision Date | 13 April 1960 |
| Docket Number | No. 31877,31877 |
| Citation | 334 S.W.2d 291,169 Tex.Crim. 369 |
| Parties | John Kenneth THOMAS, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jack Hood, Borger, for appellant.
Leon Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.
The disposition hereof makes a summary of the facts unnecessary.
The jurat on the complaint shows that the oath was administered to the affiant before and by John L. David, County Attorney, Hutchinson County, Texas. The information shows that it was presented by Cecil M. Pruett, County Attorney of Hutchinson County, Texas.
The record shows that John L. David was the assistant county attorney of Hutchinson County at the time he administered the oath to the affiant signing the complaint. Therefore he was not authorized by law to administer the oath to the affiant in the official capacity of county attorney, and for that reason the complaint herein is void. Art. 415, C.C.P., 12 Tex.Jur., 585, Sec. 258, Goodman v. State, 85 Tex.Cr.R. 279, 212 S.W. 171.
Because the information is not supported by a valid complaint, the judgment is reversed and the prosecution ordered dismissed.
Opinion approved by the Court.
To continue reading
Request your trial
-
State v. Pierce
...a party designated as county attorney but who in reality is an assistant county attorney, the complaint is void. Thomas v. State, 169 Tex.Crim. 369, 334 S.W.2d 291, 292 (1960); see also Aleman v. State, 162 Tex.Crim. 265, 284 S.W.2d 719 (1956); Stalcup v. State, 99 Tex.Crim. 415, 269 S.W. 1......
-
Charging Instruments
...the district or county attorney to administer the a൶davit’s oath may be extended to assistant prosecuting attorneys). [ Thomas v. State , 334 S.W.2d 291 (Tex.Crim.App. 1960).] Declares the signature to be that of “Attorney for the State, Hays County, Texas,” even if the person sign-ing wo......
-
Charging Instruments
...the district or county attorney to administer the a൶davit’s oath may be extended to assistant prosecuting attorneys). [ Thomas v. State , 334 S.W.2d 291 (Tex.Crim.App. 1960).] • Declares the signature to be that of “Attorney for the State, Hays County, Texas,” even if the person signing wou......
-
Charging Instruments
...district or county attorney to administer the affidavit’s oath may be extended to assistant prosecuting attorneys). [ Thomas v. State , 334 S.W.2d 291 (Tex.Crim.App. 1960).] • Declares the signature to be that of “Attorney for the State, Hays County, Texas,” even if the person signing would......
-
Charging Instruments
...the district or county attorney to administer the a൶davit’s oath may be extended to assistant prosecuting attorneys). [ Thomas v. State , 334 S.W.2d 291 (Tex.Crim.App. 1960).] • Declares the signature to be that of “Attorney for the State, Hays County, Texas,” even if the person signing wou......