Addison v. State
Annotate this Case283 S.W.2d 55 (1955)
Edwin Dale ADDISON, Appellant, v. The STATE of Texas, Appellee.
No. 27735.
Court of Criminal Appeals of Texas.
October 26, 1955.
Thomas & Thomas, Big Spring, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
MORRISON, Presiding Judge.
The offense is aggravated assault; the punishment, 30 days in jail.
Our State's Attorney confesses that the complaint will not support the information. *56 The complaint charges that Amando Hinojosa committed the assault while the information charges that Edwin Dale Addison assaulted the injured party.
A valid complaint is a prerequisite to a valid information. Byrom v. State, 158 Tex.Cr.R. 427, 256 S.W.2d 853. Without a complaint, the County Court has no jurisdiction. McQueen v. State, 135 Tex.Cr.R. 74, 117 S.W.2d 79.
The judgment is reversed and the prosecution ordered dismissed.
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