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Barrington v. State

R. W. Barrington v. the State

Barrington v. State, 32 S.W.2d 837 (Tex. Crim. App. 1930)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
November 26, 1930
Docket
No. 13734.
Judges
Morrow
Citations
32 S.W.2d 837116 Tex. Crim. 111930 Tex. Crim. App. LEXIS 633
Summary
The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morrow

MORROW, Presiding Judge.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1942: 11958: 119422026peak 1942 · 1

Relies on it most ⓘ

  1. Purcell v. State317 S.W.2d 208 (Tex. Crim. App. 1958)
  2. Stanley v. State158 S.W.2d 785 (Tex. Crim. App. 1942)

Most recent

  1. Purcell v. State317 S.W.2d 208 (Tex. Crim. App. 1958)
  2. Stanley v. State158 S.W.2d 785 (Tex. Crim. App. 1942)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Nat'l Protective Legion v. Stevens, 258 S.W. 487 (Tex. App. 1924) 3

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