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16 Tex. Ct. App. 573

Hefner v. State

Court of Appeals of Texas

Decided June 25, 1884

Court of Appeals of Texas · decided 1884-06-25

Tried below before the Hon. J. P. Orr, Special County Judge. The conviction was for an aggravated assault and battery, and the penalty imposed was a fine of fifty dollars.

Decided 1884-06-25

White, Presiding Judge.

¶1In the complaint the date of the offense as written is “one thousand eight hundred eight four.” In the information the date is set forth as the thirtieth March, A. D. 1884. A motion was made to quash upon the ground of fatal variance. Under the rule laid down in Collins v. The State, 5 Texas Court of Appeals, 37, the motion was well taken and should have been sustained.

¶2*574Defendant’s plea of former conviction was an almost literal copy of such a plea in Troy v. The State, 10 Texas Court of Appeals, 319, which this court held to be good; but which does not appear to be good under subsequent decisions (Williams v. The State, 13 Texas Ct. App., 285,) and the court did not err in striking the same out for insufficiency.

¶3Because the complaint states an impossible date, and because of fatal variance between the information and complaint, the judgment is reversed and the prosecution is dismissed.

¶4Reversed and dismissed.

¶5Opinion delivered June 25, 1884.

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