Murphy v. State

DAVIDSON, Judge.

This is a conviction for unlawfully carrying a pistol; the punishment, a fine of $100.00.

The complaint alleged that the offense was committed on or about the 8th day of August, 1942. The information, based upon the complaint, alleged that the offense was committed on or about the 10th day of August, 1942.

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. Branch’s P. C., Sec. 453; Bayless v. State, 123 S. W. (2d) 354, 136 Tex. Cr. R., 1.

Appellant’s attack upon the information, because…