McCafferty v. State
This text of 395 S.W.2d 38 (McCafferty 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.
Opinion
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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Cite This Page — Counsel Stack
395 S.W.2d 38, 1965 Tex. Crim. App. LEXIS 1181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccafferty-v-state-texcrimapp-1965.