Johnson v. State

120 S.W. 893, 56 Tex. Crim. 511, 1909 Tex. Crim. App. LEXIS 299

Opinion

BROOKS, Judge.

Appellant was convicted of unlawfully shooting craps and his punishment assessed at a fine of $20.

The complaint in this case alleges that appellant did unlawfully play and bet at a game played with dice, said game played with dice not then and there being played and bet at a private residence occupied by a family, etc. ’ The information charges appellant did then and there unlawfully play and bet at a game played with dice called craps, said game played with dice not then and there being played at a private residence, etc. There is a fatal variance between the allegation and the complaint.

The judgment is reversed and the cause remanded.

Reversed and remanded.