Juniper v. State

Decided April 20, 1889

Court of Appeals of Texas · decided 1889-04-20

Tried below before the Hon. E. G. Bower. The appellant was convicted for maintaining a nuisance in violation of the public health laws; his penalty was assessed at a fine of one hundred dollars.

Decided 1889-04-20

Willson, Judge.

¶1There is no complaint in the record to support the information. The information charges Frederick Juniper. There is a complaint in the record charging John Juniper, but none charging Frederick Juniper, with the offense charged in the information. This variance between the complaint and the information is fatal and requires the conviction to be set aside. (McDevro v. The State, 23 Tex. Ct. App., 429.) This defect is confessed by the Assistant Attorney General.

¶2The judgment is reversed and the cause is remanded for such further proceedings as the State may see proper to pursue.

¶3Reversed and remanded.