Sanders v. State

Quillian, Judge.

Defendant appeals his conviction for driving a motor vehicle while under the influence of intoxicants. The court had entered a nolle prosequi on the first accusation against defendant because of a "scrivener’s error,” on August 6, 1974. The second accusation had been filed on August 5, 1974. Trial was held August 6, 1974. The attorney for defendant signed the new accusation and did not request a continuance. At trial he moved to dismiss the new accusation because it "varies fatally between the original accusation.” The variance complained of was that the first accusation…