Wheat v. State

BELCHER, Commissioner.

The appellant was convicted for operating a motor vehicle on a public highway while his operator’s license was suspended; the punishment, thirty days in jail.

The complaint alleged that the offense was committed on or about the 4th day of May, 1961. The information-based on the complaint alleged that the offense was committed on or about the 4th day of March, 1961.

It has been consistently held that a .variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information. Harrison v. State, Tex.Cr.App.,…