Opinion
No. 19085.
Delivered June 16, 1937.
Delinquent Child — Information.
Where, on appeal from conviction in county court for being a delinquent child, it appeared that complaint had been filed in accordance with statute, but that no information appeared in the record, judgment of conviction would be reversed and cause remanded, since information might be filed as required by statute.
Appeal from the County Court of Lee County. Tried below before the Hon. H. F. Schlosshan, Judge.
Appeal from conviction for being a delinquent child; penalty, confinement in the reformatory for one year.
Reversed and remanded.
The opinion states the case.
John S. Simmang, of Giddings, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for being a delinquent child; punishment, confinement for one year in the reformatory.
This prosecution seems to have proceeded only upon a complaint. We find in the record no information. This we regard as a fatal defect. See Art. 1085, C. C. P.; Ex parte Cain, 86 Tex. Crim. 509; Hogue v. State, 87 Tex. Crim. 170; Brown v. State, 99 Tex.Crim. Rep.; Ex parte Chandler, 99 Tex.Crim. Rep.. Because the statute requires an information, and none appears in the record, this court is without jurisdiction. Inasmuch as there appears a complaint in accordance with the demands of the statute, and an information may be filed, the judgment of the trial court will be reversed and the cause remanded.
Reversed and remanded.