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Stanley v. State

Ivan Stanley v. the State

Stanley v. State, 158 S.W.2d 785 (Tex. Crim. App. 1942)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
February 11, 1942
Docket
No. 21899.
Judges
Davidson
Citations
158 S.W.2d 785143 Tex. Crim. 3501942 Tex. Crim. App. LEXIS 88
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 — Davidson

DAVIDSON, Judge.

The offense is possession of "whiskey in a container to which no stamp was affixed showing the payment of the tax due the State; the punishment, a fine of $100.00.

The jurat affixed to the complaint and affidavit of H. B. Stanley, upon which the information was based, is as follows:

“Sworn to and subscribed by H. B. Stanley, a credible per *351 son, before me, on this the 21st day of August, A. D. One Thousand Nine Hundred and Forty-one.

“Joe Gordon, Gray County, Texas.”

Such jurat is insufficient in that it does not show that the complaint was sworn to before an officer authorized to administer the oath required under the provisions of Art. 415, C. C. P., Stacy v. State, 96 Tex. Cr. R. 499 , 258 S. W. 475 ; Barrington v. State, 116 Tex. Cr. R. 11 , 32 S. W. (2d) 837 ; Shurbet v. State, 124 Tex. Cr. R. 50 , 60 S. W. (2d) 791 ; Sullivan v. State, 125 Tex. Cr. R. 475 , 69 S. W. (2d) 65 .

A valid complaint is a prerequisite to a valid information.

Inasmuch as the jurat may be amended, the prosecution will not be ordered dismissed.

The judgment of the trial court is, therefore, reversed and the cause remanded.

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.

How later courts describe this case

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

1942: 11953: 11958: 119422026peak 1942 · 1

Relies on it most ⓘ

  1. Vasquez v. State311 S.W.2d 828 (Tex. Crim. App. 1958)
  2. Byrom v. State256 S.W.2d 853 (Tex. Crim. App. 1953)
  3. Neely v. State161 S.W.2d 294 (Tex. Crim. App. 1942)

Most recent

  1. Vasquez v. State311 S.W.2d 828 (Tex. Crim. App. 1958)
  2. Byrom v. State256 S.W.2d 853 (Tex. Crim. App. 1953)
  3. Neely v. State161 S.W.2d 294 (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 4

DepthCaseCited by
Stacy v. State, 258 S.W. 475 (Tex. Crim. App. 1924) 5
Shurbet v. State, 60 S.W.2d 791 (Tex. Crim. App. 1933) 4
Barrington v. State, 32 S.W.2d 837 (Tex. Crim. App. 1930) 2
Sullivan v. State, 69 S.W.2d 65 (Tex. Crim. App. 1934) 1

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