Addison v. State

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283 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.