Brown v. State

Citations

• 11 Tex. Ct. App. 451

Syllabus

<p>1. Affidavit.—The Code of Procedure, article 431, enacts that no information shall be presented until oath in writing has been made by some credible person charging the defendant with an oífense¡ No form for the affidavit is prescribed, and substantial compliance with the provisions of the Code is sufficient.</p> <p>2. Same.—To an affidavit for an information it is objected that the commission of the inculpatory act is not alleged positively, but only to “the best of the knowledge and belief ” of the affiant. Held, that the allegation is sufficient, and the objection not tenable.</p> <p>3. Informations.—No offense is charged by an information which, without itself alleging the inculpatory act, refers to the “ affidavit which is herewith filed and shows ” the commission of the act by the accused.</p> <p>4. Same.— Amendment of formal defects in an information is allowable, but not of substantial defects.</p> <p>5. Qujbre.— Whether the substance of an information can be amended by consent of the parties,— the Code of Procedure, article 550, providing that “No matter of substance can be amended.”</p> <p>6. Practice in this Court.— By the record alone is a cause determinable on appeal. It is not competent for the county judge and the prosecuting attorney to authenticate matters dehors the record.</p>