White v. State
| Decision Date | 29 April 1896 |
| Citation | 35 S.W. 391 |
| Parties | WHITE v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Nueces county court; W. B. Hopkins, Judge.
Fred White was convicted of carrying a pistol on his person, and appeals. Reversed.
Mann Trice, for the State.
Appellant was convicted for carrying on and about his person a pistol. The cause was tried in the county court. The record does not contain a complaint. This is a prerequisite to a prosecution upon "information," and without it the "information" cannot form the basis of a prosecution. In this condition the record is submitted to us for disposition. As presented upon the record, the judgment must be reversed, and the prosecution ordered to be dismissed. It is so ordered.
To continue reading
Request your trial
4 cases
-
State v. Rozum
... ... Orr v. State, 8 S.W. 644; Smith v. State, 8 ... S.W. 645; Wood v. State, 11 S.W. 525; Peo. v ... Kilvington, 36 P. 13; Peo. v. Lane, 36 P. 16; ... State v. Ivey, 5 S.E. 407; Ex parte Baker, 25 P ... 966; Peo. v. Christian, 35 P. 1043; Peo. v ... Howland, 44 P. 342; White v. State, 35 S.W ... 391; Dominguez v. State, 35 P. 973; Paschal v ... State, 9 Tex.App. 205; Lackey v. State, 14 ... Tex.App. 167 State v. Beebee, 83 Ind. 171; ... Little v. State, 19 S.W. 332. The offense charged in ... the information before the committing magistrate if any, ... ...
-
Hillman v. State, 29432.
... ... Miller v. State, 36 Tex.Cr.R. 47, 35 S.W. 391 (5): Coburn v. State, 151 Ala. 100, 104, 44 So. 58, 15 Ann.Cas. 249; 30 A.L.R. 700, 705, and cit. See also Newman v. State, 101 Ga. 534 (4), 28 S.E. 1005; Barlow v. State, 127 Ga. 58, 56 S.E. 131; White v. State, 27 Ga.App. 769, 109 S.E. 917; Switzer v. State, 28 Ga.App. 747 (2), 113 S.E. 55; Cook v. Walker, 161 Ga. 551, 131 S.E. 288; Mitchell v. State, 126 Ga. 84, 54 S.E. 931. When the solicitor general filed the accusation in the court with his printed signature thereon in accordance ... ...
-
Ex parte Drake
...to a preliminary examination, since without it the magistrate's jurisdiction to act is not judicially invoked." In White v. State (Tex. Cr. App.) 35 S.W. 391, the said: "A complaint is a prerequisite to a prosecution on information; and, where the record fails to show that one was filed, a ......
-
Hillman v. State
... ... Miller v. State, ... 36 Tex.Cr.R. 47, 35 S.W. 391 (5):Coburn v. State, ... 151 Ala. 100, 104, 44 So. 58, 15 Ann.Cas. 249; 30 A.L.R. 700, ... 705, and cit. See also Newman v. State, 101 Ga. 534 ... (4), 28 S.E. 1005; Barlow v. State, 127 Ga. 58, 56 ... S.E. 131; White v. State, 27 Ga.App. 769, 109 S.E ... 917; Switzer v. State, 28 Ga.App. 747 (2), 113 S.E ... 55; Cook v. Walker, 161 Ga. 551, 131 S.E. 288; ... Mitchell v. State, 126 Ga. 84, 54 S.E. 931. When the ... solicitor general filed the accusation in the court with his ... printed signature thereon ... ...