DocketNumber: No. 7158.
Citation Numbers: 252 S.W. 563, 94 Tex. Crim. 444, 1922 Tex. Crim. App. LEXIS 613
Judges: Morrow
Filed Date: 11/29/1922
Status: Precedential
Modified Date: 11/15/2024
The offense is theft, a misdemeanor; punishment fixed at confinement in the county jail for a period of thirty days.
The prosecution is founded upon an information, but no complaint is found. The complaint is essential; it is jurisdictional. The prosecution cannot proceed without it. Code of Crim. Proc., Art. 479; Diltz v. State,
The judgment of conviction is reversed and the prosecution ordered dismissed.
Dismissed.