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397 S.W.2d 454

Beasley v. State

Court of Criminal Appeals of Texas

Decided January 5, 1966

Court of Criminal Appeals of Texas · decided 1966-01-05

Relies on Indemnity Insurance Co. of North America v. Cady · Harrison v. State

Decided 1966-01-05

WOODLEY, Judge.

¶1The offense is aggravated assault; the punishment, six months in jail and a fine of $500.

¶2The complaint sworn to on May 21, 1965, alleged that the assault was committed on or about the 19th day of March, 1965.

¶3There is a fatal variance between the complaint and information in that the information alleges that the offense was committed on or about the 19th day of May, 1965. Harrison v. State, Tex.Cr.App., 297 S.W.2d 823, and cases cited; Wheat v. State, 172 Tex.Cr.R. 259, 356 S.W.2d 323, and cases cited.

¶4The judgment is reversed and the cause remanded.

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