Ray v. State

Court of Criminal Appeals of Texas

Ray v. State

433 S.W.2d 434, 1968 Tex. Crim. App. LEXIS 1081

CourtCourt of Criminal Appeals of Texas

DecidedNovember 6, 1968

DocketNo. 41714

StatusPublished

Cited by1 cases

This text of 433 S.W.2d 434 (Ray 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

Ray v. State, 433 S.W.2d 434, 1968 Tex. Crim. App. LEXIS 1081 (Tex. 1968).

Pincite

Opinion

OPINION

DICE, Judge.

The conviction is for unlawfully transporting wine in a dry area; the punishment, a fine of $100.

The complaint, drawn under Arts. 666-3a(4) and 666-17(13), Vernon’s Ann.P.C., charged appellant with unlawfully transporting an illicit beverage, to-wit: wine, in a container to which no tax stamp showing payment of the tax due thereon to the state was affixed, while the information, drawn under Art. 666-4(b), P.C., charged appellant with unlawfully transporting an alcoholic beverage, to-wit: wine, in a dry area.

It is apparent that the complaint and the information do not charge the same offense. Such variance is fatal to the information and the conviction cannot stand. See: 30 Tex.Jur.2d 550, et seq., Sec. 12, Indictment and Information. Harden v. State, 62 Tex.Cr.R. 84, 136 S.W. 768.

The judgment is reversed and the cause is remanded.

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