Full opinion text
MORROW, P. J. Aggravated assault is the offense; penalty, fine of $25. The prosecution is by complaint and information. The affidavit to the complaint purports to have been taken before the county attorney, but the jurat does not bear his signature. As a basis for the prosecution upon an information, a complaint supported by affidavit is essential. Article 415, C. C. P. See Vernon’s Ann. Tex. C. C. P., vol. 1, p. 313; also Stacy v. State, 96 Tex. Cr. R. 499, 258 S. W. 475, and authorities therein cited. The judgment is reversed, and the prosecution ordered dismissed. HAWKINS, J., absent.