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56 Tex. Crim. 511

120 S.W 893

Johnson v. State

Court of Criminal Appeals of Texas · decided 1909-06-19

<p>Gaming—Variance—Complaint—Information.</p> <p>Where the complaint charged defendant with betting' at a game played with dice, etc., and the information charged that he played at the game with dice called craps, the variance was fatal.</p>

Decided 1909-06-19

BROOKS, Judge.

¶1 Appellant was convicted of unlawfully shooting craps and his punishment assessed at a fine of $20.

¶2 The complaint in this case alleges that appellant did unlawfully play and bet at a game played with dice, said game played with dice not then and there being played and bet at a private residence occupied by a family, etc. ’ The information charges appellant did then and there unlawfully play and bet at a game played with dice called craps, said game played with dice not then and there being played at a private residence, etc. There is a fatal variance between the allegation and the complaint.

¶3 The judgment is reversed and the cause remanded.

¶4 Reversed and remanded.

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