McCafferty v. State

Court of Criminal Appeals of Texas

McCafferty v. State

395 S.W.2d 38, 1965 Tex. Crim. App. LEXIS 1181

Court of Criminal Appeals of Texas·Decided November 3, 1965·No. No. 38672·Published·Cited by 1 cases

Opinion

MORRISON, Judge.

The complaint and information charge appellant with the offense of aggravated assault upon a policeman while in the discharge of his duties. Upon a plea of guilty the Court found appellant guilty of the offense of driving while intoxicated.

The variance between the judgment and the information is fatal. Brown v. State, Tex.Cr.App., 391 S.W.2d 61, and Acosta v. State, Tex.Cr.App., 385 S.W.2d 394, and cases there cited.

The judgment is reversed and the cause is remanded.

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MORRISON, Judge.

The complaint and information charge appellant with the offense of aggravated assault upon a policeman while in the discharge of his duties. Upon a plea of guilty the Court found appellant guilty of the offense of driving while intoxicated.

The variance between the judgment and the information is fatal. Brown v. State, Tex.Cr.App., 391 S.W.2d 61, and Acosta v. State, Tex.Cr.App., 385 S.W.2d 394, and cases there cited.

The judgment is reversed and the cause is remanded.

McCafferty v. State, 395 S.W.2d 38, 1965 Tex. Crim. App. LEXIS 1181 (Tex. 1965).

Pincite

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Opinion

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