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391 S.W.2d 61

Brown v. State

Court of Criminal Appeals of Texas · decided 1965-06-02

Cited by 1 later decisions — most recently November 1965

1 state decisions

Relies on Acosta v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-06-02

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McDONALD, Presiding Judge.

¶1The complaint and information charge appellant with unlawfully and wilfully injuring personal property belonging to the City of Lubbock, to-wit, a pair of handcuffs by cutting them with a hack saw, the extent of the injury inflicted on said property being under the value of $50.00. Upon a plea of guilty, the Court found appellant guilty and his punishment was assessed at a fine of $125.00.

¶2The judgment recites that appellant pleaded guilty to the information herein, to-wit: “Unlawfully carry on and about his person a pistol.”

¶3No brief has been filed by either the appellant or the state.

¶4We have no statement of facts nor bills of exception.

¶5The variance between the judgment and the information is fatal. Acosta v. State, Tex.Cr.App., 385 S.W.2d 394.

¶6The judgment is reversed and the cause is remanded.

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