WILLIS v. STATE

DICE, Commissioner.

Appellant was convicted of unlawfully selling beer in a dry area and his punishment was assessed at six months in jaik and a fine of $500.

The state does not seek an affirmance of the conviction, because it is shown by bill of exception #2 that appellant did not enter a plea in the case. Such position is well taken, as a plea is necessary in every criminal case and where none is entered the trial is a nullity. See: Lumsden v. State, Tex.Cr.App., 384 S.W.2d 143, and cases therein cited.

An affirmance is also not sought for the further reason that bill of exception #3 shows that the complaint was not sworn to by the complainant. This position is also well taken, as a complaint which is not sworn to will not support a prosecution by information. Art. 415, Vernon's Ann.C.C. P.; Colbert v. State, 166 Tex.Crim. 431, 314 S.W.2d 602; Purcell v. State, Tex.Cr.App., 317 S.W.2d 208.

The judgment is reversed and the prosecution is ordered dismissed.

Opinion approved by the court.