Burke v. State

Decided February 8, 1961

Relies on 164 Tex. Crim. 395 - Lott v. State · 103 Tex. Crim. 580 - Hill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1961-02-08

How this case has been cited

Cited by 5 later decisions — most recently May 1984

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DICE, Commissioner.

¶1Upon a plea of guilty before the court without a jury, appellant was convicted of the offense of driving while intoxicated and his punishment assessed at 3 days in jail and a fine of $50.

¶2No statement of facts of any evidence adduced upon the trial accompanies the record.

¶3Appellant predicates his appeal upon the sole contention that there is a fatal variance between the complaint and information because in the complaint appellant’s name is alleged to be “William F. Burke” and in the information the name is alleged to be “William G. Burke”.

¶4The contention is without merit as a middle initial may be rejected as surplusage. 1 Branch’s Ann.P.C., 2nd ed., page 469, sec. 482; Hill v. State, 103 Tex.Cr.R. 580, 281 S.W. 1071; and Lott v. State, 164 Tex.Cr.R. 395, 299 S.W.2d 145.

¶5The judgment is affirmed.

¶6Opinion approved by the Court.