Wheeler v. State
| Decision Date | 31 January 1962 |
| Docket Number | No. 34233,34233 |
| Citation | 172 Tex.Crim. 21,353 S.W.2d 463 |
| Parties | James Lloyd WHEELER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[172 TEXCRIM 21] Frank D. Wear, Paris, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.
Our able State's Attorney confesses error, and we agree. Motion to quash the information was made on the grounds that it was not based on a valid complaint. The complaint does not show that it was sworn to before an officer authorized to administer oaths.
A valid complaint is a prerequisite to a valid information. Carpenter v. State, Tex.Cr.App., 218 S.W.2d 207.
The judgment is reversed, and the prosecution is ordered dismissed.
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6 cases
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State v. Pierce
...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 (1961); Morey v. State, 744 S.W.2d 668 (Tex.App.1988, no pet.). Even where the jurat on the complaint reflects that it was sw......
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O'Quinn v. State
...558; Vaughn v. State, 146 Tex.Cr.R. 586, 177 S.W.2d 59; 51 Tex.Jur.2d, Searches and Seizures, Sec. 24, p. 697. See also Wheeler v. State, 172 Tex.Cr.R. 21, 353 S.W.2d 463. Article 23(18) Vernon's Ann.Civ.St. defines 'affidavit' as a statement in writing of a fact or facts signed by a party ......
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Greer v. State
...issue. Vaughn v. State, 146 Tex.Cr.R. 586, 177 S.W.2d 59; 51 Tex.Jur.2d, Searches and Seizures, § 24, p. 697. See also Wheeler v. State, 172 Tex.Cr.R. 21, 353 S.W.2d 463. There appears to be a serious question as to whether the district attorney had authority to administer the oath to the o......
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Holland v. State
...based on a proper complaint ...." A valid complaint is a prerequisite to a valid information in a misdemeanor case. Wheeler v. State, 172 Tex.Cr.R. 21, 353 S.W.2d 463 (1962); Addison v. State, 283 S.W.2d 55 (Tex.Cr.App.1955); Article 21.22, supra, note 4, and cases there As early as 1811 th......
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