
    R. W. Barrington v. The State.
    No. 13734.
    Delivered November 26, 1930.
    Reported in 32 S. W. (2d) 837.
    
      The opinion states the case.
    
      B. F. Reymonds and Jeff A. Fowler, both of Throckmorton, for appellant.
    
      Lloyd IV. Davidson, State’s Attorney, of Austin, for the State.
   MORROW, Presiding Judge.

Aggravated assault is the offense; penalty, fine of $25.00.

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. Art. 415, C. C. P. See Vernon’s Ann. Tex. C. C. P., Vol. 1, p. 313; also Stacy v. State, 258 S. W. 487, and authorities therein cited.

The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

Hawkins, J., absent.  