Opinion
No. 15646.
Delivered March 1, 1933.
Misdemeanor — Information — Complaint.
Misdemeanor prosecution cannot proceed on information in absence of sworn complaint.
Appeal from the County Court of Potter County. Tried below before the Hon. E. C. Nelson, Jr., Judge.
Appeal from a conviction for a misdemeanor; penalty, a fine of $5.
Reversed and prosecution ordered dismissed.
The opinion states the case.
W. T. Brothers, of Amarillo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for a misdemeanor; the punishment, a fine of five dollars.
It appears that the trial was had upon an information and in the absence of a complaint. Article 415, C. C. P., declares: "No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information."
Without the complaint, the prosecution can not proceeed. Melton v. State, 27 S.W.2d 161, and authorities cited.
The judgment is reversed and the prosecution ordered dismissed.
Reversed and ordered dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.