Acevedo v. State

Court of Criminal Appeals of Texas

Acevedo v. State

483 S.W.2d 459, 1972 Tex. Crim. App. LEXIS 2577

CourtCourt of Criminal Appeals of Texas

DecidedJuly 19, 1972

DocketNo. 45802

StatusPublished

Cited by3 cases

This text of 483 S.W.2d 459 (Acevedo v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Acevedo v. State, 483 S.W.2d 459, 1972 Tex. Crim. App. LEXIS 2577 (Tex. 1972).

Pincite

Opinion

OPINION

DALLY, Commissioner.

The conviction is for driving a motor vehicle on a public highway while intoxicated; the punishment, three days in jail and a fine of $100.00.

The complaint alleged that the offense was committed on or about the 22nd day [460]*460of November, 1970. The information based on the complaint alleged that the offense was committed on or about the 20th day of November, 1970.

It has been consistently held that a variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information. Harrison v. State, 297 S.W.2d 823 (Tex.Cr.App.1957) and cases cited; Wheat v. State, 172 Tex.Cr.R. 259, 356 S.W.2d 323 (1962) and cases cited; Beasley v. State, 397 S.W.2d 454 (Tex.Cr.App.1966) and cases cited; and Thomas v. State, 474 S.W.2d 236 (Tex.Cr.App.1971).

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

Free access — add to your briefcase to read the full text and ask questions with AI