
    HUNTSMAN v. STATE.
    (No. 7790.)
    (Court of Criminal Appeals of Texas.
    June 13, 1923.)
    Criminal law <&wkey;l086(8) — In absence of complaint, indictment, or information in record on appeal, judgment will be reversed and prosecution ordered dismissed.
    On appeal from a conviction for assault, where neither complaint, information, nor indictment was in the record, the judgment will be reversed and the prosecution ordered dismissed.
    Appeal from Haskell County Court; Jas. P. Kinnard, Judge.
    U. S. Huntsman was convicted of assault, and he appeals.
    Reversed, and prosecution ordered dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Conviction is for an assault ; punishment fixed at a fine of $100.

Appellant, while acting as city marshal, struck the witness Helton with a pistol and injured him. The state’s testimony shows an unjustifiable attack. Helton had left his wagon standing upon the street. Appellant, without a warrant and without legal authority so far as the record shows, sought to put him under arrest, and, upon Helton’s protestation, struck him with a pistol.

Appellant interposed the theory of self-defense.

We do not find ourselves in a position to pass upon the merits of the ease as neither complaint, information, nor indictment is found in the record.

In the absence of any pleadings invoking the jurisdiction of the court and supporting 'the verdict, the judgment must be reversed and the prosecution ordered dismissed. Such is the order.  