Thursday, May 23, 2013

Bell v. State case brief

Bell v. State case brief 761 S.W.2d 847

CASE SYNOPSIS: Defendant appealed a judgment from the County Court at Law No. 1 of Montgomery County (Texas), which convicted him of cruelty to animals for knowingly and intentionally torturing a puppy by amputating its ears.

FACTS: Defendant was convicted of cruelty to animals for knowingly and intentionally torturing a puppy. At trial, defendant did not challenge the information, either as a defective complaint or information, or upon any jurisdictional issue. On appeal, defendant argued the information was fatally defective because the complaint was not sworn to by a person authorized to do so by law. The reviewing court affirmed defendant's conviction, holding that defendant waived his right, if he had any, to complain for the first time on appeal of any defect, error, or irregularity of either form or substance in the information. Hence, defendant's point of error was overruled and the judgment was affirmed.

CONCLUSION: The reviewing court affirmed defendant's conviction, holding that defendant failed to challenge the information at trial. Therefore, defendant was precluded from arguing on appeal that the complaint was fatally defective because he had waived his right to complain for the first time on appeal of any defect in the information.

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