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Barrington v. State
116 Tex. Crim. 11
| Tex. Crim. App. | 1930
|
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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.

Case Details

Case Name: Barrington v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Nov 26, 1930
Citation: 116 Tex. Crim. 11
Docket Number: No. 13734.
Court Abbreviation: Tex. Crim. App.
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