
    BEAKES v. STATE.
    (No. 3929.)
    (Court of Criminal Appeals of Texas.
    Jan. 26, 1916.)
    Indictment and Information <@=>5 — County Cotjbt — Necessity of Information.
    A conviction in the county court upon a complaint only, where the defendant did not waive the filing of an information but objected to trial on the complaint, could not be sustained.
    [Ed. Note. — For other cases, see Indictment and Information, Cent. Dig. § 28; Dec. Dig. <S=s5.]
    Appeal from Wharton County Court; W. G. Davis, Judge.
    Abe Beakes was convicted of adultery, and he appeals.
    Reversed, and cause remanded.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

Appellant was convicted of adultery, and assessed the lowest punishment therefor.'

The trial was had in the county court upon a complaint only. No information was filed. Appellant in the court below objected to this, and preserved a bill of exceptions to the fact that he was tried without any information filed against him, and only on the complaint. No question of waiver of an information is raised. In fact, the reverse of this is true. He did not waive it, but expressly sought to prevent a trial without it. Under such circumstances his conviction cannot be sustained. Ethridge v. State, 172 S. W. 786, and, also, Id., 172 S. W. 784.

The judgment is reversed, and the cause remanded.

DAVIDSON, J„ absent. 
      <®=»For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     