
    Lorenzo ALEMAN, Appellant, v. The STATE of Texas, Appellee.
    No. 27900.
    Court of Criminal Appeals of Texas.
    Dec. 7, 1955.
    Kelley, Looney, McLean & Littleton, Edinburg, by Sidney Farr and Charles Weaver, Edinburg; for' appellant.
    James S.- Bates, Crim. Dist. Atty., Dave Horger, Jr., Asst. Dist. Atty., Edinburg, Leon B.i Douglas, State’s Atty., Austin, for the State. •
   BELCHER, Commissioner.

The conviction is for contributing to the delinquency of- a. minor; the punishment, 9,0 days-in jail.

In view of our disposition of this case a statement of the facts will be omitted;

Attorneys for the state confess error in this cause and in doing so agree with-the contention of the appellant that the complaint and information are void because the jurat on the complaint shows that the oath of the' affiant was ádministéred by one person1 in the name of another;

The. jurat on the complaint■ shows that the- oath was administered to the affiant in the name-of Jim Bates, .County Attorney, Hidalgo County,. Texas; Criminal District Attorn ey-,. Hidalgo County, Texas, by Raul L. Longoriaj Assistant. >

•The oath to ⅛⅛ affiant under the facts here presented cannot be' l'egálly administered by the assistant in the name of his principal, and for that reason the complaint' herein is -void, as. well .as the information based-thereon. 12 Tex.Jur. 585, sec. 258; Stalcup v. State, 99 Tex.Cr.R. 415, 269 S. W. 1044.

The judgment is reversed and the prosecution 'ordered dismissed.

Opinion approved by the Court  