Opinion
No. 13734.
Delivered November 26, 1930.
Aggravated Assault — Complaint.
As a basis for a prosecution upon an information, a complaint supported by affidavit is essential.
Appeal from the Throckmorton County Court. Tried below before the Hon. J. L. Robinson, Judge.
Appeal from a conviction for aggravated assault; penalty, a fine of $25.
The opinion states the case.
B. F. Reymonds and Jeff A. Fowler, both of Throckmorton, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Aggravated assault is the offense; penalty, fine of $25.00.
The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Art. 415, C. C. P. See Vernon's Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S.W. 487, and authorities therein cited.
The judgment is reversed and the prosecution ordered dismissed.
Reversed and dismissed.
HAWKINS, J., absent.