
    MIDKIFF v. STATE.
    No. 23960.
    Court of Criminal Appeals of Texas.
    March 10, 1948.
    John A. Croom, of Houston, for appellant.
    
      Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

This is a conviction for driving an automobile while intoxicated; the punishment, a fine of $50.

The jurat to the complaint reads as follows :

“Sworn to and subscribed by Ray Owens, a credible person before me, on this the 24th day of February, A.D. 1947.
“Sidney J. Brown,
“(No Seal) Fort Bend County, Texas.”

A complaint must be sworn to before an officer authorized to administer an oath. Art 415, C.C.P. The jurat to the instant complaint does not so reflect. It is, therefore, fatally defective. Shurbet v. State, 124 Tex.Cr.R. 50, 60 S.W.2d 791; Neely v. State, 144 Tex.Cr.R. 92, 161 S.W.2d 294.

Because the information is not supported by a valid complaint, the judgment is reversed and the prosecution ordered dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.  