Keeping House for Purpose of Prostitution — Complaint — Information.
In prosecution for keeping house for purpose of prostitution, the complaint and information were fatally defective, since they omit the phrase "and does believe," etc. Article 222, subdivision 2, C. C. P., 1925.
As soon as it was discovered by the present Reporter that this case, for same reason, had not been published in the Court of Criminal Appeals Reports, it was reported and directed to be published.
Reporter.
MARTIN, JUDGE. —
Appellant was charged by complaint and information with the offense of unlawfully keeping a house for the purpose of public prostitution. The penalty assessed against her was a fine of $200 and twenty days in jail.
The only question properly presented for review is the legal sufficiency of the complaint to charge an offense. This instrument recites that affiant has good reason to believe, etc., but omits the phrase "and does believe." The inclusion of this last named allegation is statutory. Article 222, subdivision 2, C. C. P. (1925). Its omission from a complaint is fatally defective, as has been held in numbers of cases. Smith v. State, 45 Tex.Crim. Rep., 76 S.W. 436; Tompkins v. State (Texas Crim. App.), 77 S.W. 800; Green v. State, 62 Tex.Crim. Rep., 136 S.W. 467; Smith v. State, 103 Tex.Crim. Rep., 280 S.W. 581.
The judgment is reversed and the prosecution ordered dismissed.
Reversed and prosecution ordered dismissed.
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.