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23 Tex. Ct. App. 429

McDevro v. State

Court of Appeals of Texas

Decided June 1, 1887

Court of Appeals of Texas · decided 1887-06-01

Tried below before the Hon. J. T. Hammons, County Judge. The conviction in this case was for an aggravated assault, and the penalty assessed was a fine of five dollars.

Decided 1887-06-01

White Presiding Judge.

¶1As stated in the complaint, the surname of the defendant was McDevro. In the information the name is set out as McDero. There is a fatal variance between the complaint and the information as to the name of the defendant.

¶2No venue is shown to have been proved on the trial in the court below.

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.

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