Willis v. State
| Decision Date | 28 April 1965 |
| Docket Number | No. 38202,38202 |
| Citation | 389 S.W.2d 464 |
| Parties | Johnnie WILLIS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Richard D. Bird, Childress, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
Appellant was convicted of unlawfully selling beer in a dry area and his punishment was assessed at six months in jaik and a fine of $500.
The state does not seek an affirmance of the conviction, because it is shown by bill of exception #2 that appellant did not enter a plea in the case. Such position is well taken, as a plea is necessary in every criminal case and where none is entered the trial is a nullity. See: Lumsden v. State, Tex.Cr.App., 384 S.W.2d 143, and cases therein cited.
An affirmance is also not sought for the further reason that bill of exception #3 shows that the complaint was not sworn to by the complainant. This position is also well taken, as a complaint which is not sworn to will not support a prosecution by information. Art. 415, Vernon's Ann.C.C. P.; Colbert v. State, 166 Tex.Cr.R. 431, 314 S.W.2d 602; Purcell v. State, Tex.Cr.App., 317 S.W.2d 208.
The judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the court.
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State v. Wester
...Snively, 11 Ill.App.2d 579, 138 N.E.2d 112 (1956); Lumsden v. State, 384 S.W.2d 143 (Tex.Cr.App.1964), rule affirmed in Willis v. State, 389 S.W.2d 464 (Tex.Cr.App.1965); and People v. Sturdy, 235 Cal.App.2d 306, 45 Cal.Rptr. 203 at 206, 207 In Chesnut, defense counsel drew to the attention......
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State v. Parker, 282
...be arraigned, and some jurisdictions hold a conviction must be reversed if the record fails to show an arraignment. Willis v. State, 389 S.W.2d 464 (Tex.Cr.App.1965); State ex rel. Burkhamer v. Adams, 143 W.Va. 557, 103 S.E.2d 777 (1958). This is in accord with the view taken by our Territo......
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State v. Winters, 15354
...is no issue for the jury or the Court." Id., 384 S.W.2d at 144. Collateral support for this ruling may be found in Willis v. State, 389 S.W.2d 464 (Tex.Crim.App.1965) and People v. Sturdy, 235 Cal.App.2d 306, 45 Cal.Rptr. 203 (1965). What is there to try unless a matter is in This defendant......
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Ford v. State, No. 07-07-0224-CR (Tex. App. 6/24/2008)
...person has neither pleaded guilty to a crime nor been tried for the crime, he has not been convicted of the crime. Willis v. State, 389 S.W.2d 464, 464-65 (Tex.Crim.App. 1965); Lumsden, 384 S.W.2d at Here, the record contains no statutory admonishments from the bench or plea in open court r......