Jefferson v. State

Citations

• 24 Tex. Ct. App. 535
• 7 S.W. 244
• 1888 Tex. Crim. App. LEXIS 4

Syllabus

<p>1. Pleading—Complaint—Information—Arrest of Judgment.—The constitutional and statutory provisions which require that all prosecutions in this State, whether by information or indictment, shall be carried on “in the name and by the authority of the State of Texas,” necessitate that it so appear from the information or indictment, but do not in misdemeanor cases require that it shall so appear from the complaint. The trial court did not, therefore, err in this case in overruling, a motion in arrest of judgment based upon the insufficiency of the complaint because it does not begin with the words: “In the name and by the authority of the State of Texas.”</p> <p>2. Same—Plea.—Unless the transcript on appeal shows that the accused pleaded to the information against him, or that a plea of not guilty was entered for him by order of the court, a conviction will be set aside.</p>