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Stacy v. State

G. W. Stacy v. the State

Stacy v. State, 258 S.W. 475 (Tex. Crim. App. 1924)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
February 13, 1924
Docket
No. 8054.
Judges
Morrow
Citations
258 S.W. 47596 Tex. Crim. 4991924 Tex. Crim. App. LEXIS 103
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.

Adultery is the offense; punishment fixed at a fine of one hundred dollars.

The prosecution is based upon complaint and information. The complaint was signed “S. E. Smith”. It contained no jurat. A motion to quash the information because of the absence of complaint sworn to as required by statute was overruled. The court permitted the amendment of the complaint by inserting the jurat without any proof that Smith had made the oath. A complaint reduced to writing and verified by affidavit before an officer authorized to administer oath is made by statute an essential prerequisite for a prosecution by information. See Code of Crim. Proc., Art. 479; Davis v. State, 2 Texas Crim. App., 184, and other eases collated in Vernon’s Texas Crim. Stat., Vol. 2, p. 236; also McDonald v. State, 86 Texas Crim. Rep., 304 ; Reynolds v. State, 82 Texas Crim. Rep., 326 ; Halbadier v. State, 87 Texas Crim. Rep., 129 ; Arbetter v. State, 79 Texas Crim. Rep., 487 .

The complaint is incomplete and insufficient to authorize the information unless it is accompanied by a jurat of the officer administering the oath. Scott v. State, 9 Texas Crim. App., 434; Neiman v. State, 29 Texas Crim. App., 360; Montgomery v. State, 60 Texas Crim. Rep., 303 ; Robertson v. State, 25 Texas Crim. App., 529; Jennings v. State, 30 Texas Crim. App., 428. An amendment of the complaint *500 is permissible, but where the fault consists in the absence of the officer’s jurat, to authorize the amendment, there must be proof that the oath was administered. Nichols v. State, 84 Texas Crim. Rep., 522 ; Montgomery v. State, 60 Texas Crim. Rep., 303 ; Flournoy v. State, 51 Texas Crim. Rep., 29 ; Sanders v. State, 52 Texas Crim. Rep., 156 ; Neiman v. State, 29 Texas Crim. Rep., 360 . In the present case the complaint being without jurat, it was not sufficient to support the information. The attempt to amend it by attaching the jurat without making any proof that the complaint had been verified by oath administered according to law, fails to impart the vitality requisite to support the prosecution. This is conceded by the State’s Attorney. The judgment must therefore be reversed and the cause remanded. It is so ordered.

Reversed and remanded.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1933: 11934: 11937: 11942: 11981: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. Stanley v. State158 S.W.2d 785 (Tex. Crim. App. 1942)
  2. Sullivan v. State69 S.W.2d 65 (Tex. Crim. App. 1934)
  3. Murphy v. State103 S.W.2d 765 (Tex. Crim. App. 1937)
  4. Linvel v. State629 S.W.2d 94 (Tex. App.—Dallas 1981)
  5. Shurbet v. State60 S.W.2d 791 (Tex. Crim. App. 1933)

Most recent

  1. Linvel v. State629 S.W.2d 94 (Tex. App.—Dallas 1981)
  2. Stanley v. State158 S.W.2d 785 (Tex. Crim. App. 1942)
  3. Murphy v. State103 S.W.2d 765 (Tex. Crim. App. 1937)
  4. Sullivan v. State69 S.W.2d 65 (Tex. Crim. App. 1934)
  5. Shurbet v. State60 S.W.2d 791 (Tex. Crim. App. 1933)

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 8

DepthCaseCited by
Montgomery v. State, 131 S.W. 1087 (Tex. Crim. App. 1910) 4
Halbadier v. State, 220 S.W. 85 (Tex. Crim. App. 1920) 20
Arbetter v. State, 186 S.W. 769 (Tex. Crim. App. 1916) 16
Flournoy v. State, 100 S.W. 151 (Tex. Crim. App. 1907) 12
Sanders v. State, 106 S.W. 803 (Tex. Crim. App. 1907) 7
Reynolds v. State, 198 S.W. 958 (Tex. Crim. App. 1917) 5
McDonald v. State, 216 S.W. 166 (Tex. Crim. App. 1919) 3
Nichols v. State, 208 S.W. 931 (Tex. Crim. App. 1919) 2

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