
    BARRINGTON v. STATE.
    No. 13734.
    Court of Criminal Appeals of Texas.
    Nov. 26, 1930.
    B. E. Reynolds and Jeff A. Eowler, both of Throckmorton, for appellant.
    Bloyd W. Davidson, State’s Atty., of Austin, for the State.
   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.  