Bender v. State

Full title: Edward J. BENDER, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas

Date published: Jan 17, 1962

353 S.W.2d 39 (Tex. Crim. App. 1962)

171 Tex. Crim. 628

Opinion

No. 34132.

January 17, 1962.

Appeal from the County Court at Law No. 3, Bexar County, S. Benton Davies, J.

Sam L. Harrison, San Antonio, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.00.

Appellant waived his right to a jury trial and plead not guilty before the court.

An examination of the complaint shows that it was not signed by the affiant as is required by Article 222, Vernon's Ann.C.C.P. A valid complaint is a prerequisite to a valid information. Article 415, V.A.C.C.P.; Byrom v. State, 158 Tex.Crim. 427, 256 S.W.2d 853.

Because of the fatal defect in the complaint, the judgment is reversed and the cause remanded.