Herron v. State

GRAVES, Judge.

Appellant was convicted in á trial before the County Court’ at Law for an aggravated assault upon an officer and sentenced to serve 30 days in jail.

It is noted that in the complaint the date of the charged offense is “cn or about the 6 day of December, A. D. 19 — ,” etc., evidently an impossible date at this time. It is also noted that the information based upon the complaint contains the date of the offense as the 6th day of December, 1946, thus constituting a variance between the complaint and information. This is fatal to the conviction. See Branch’s Ann. Tex. P. C., p. 230,…