Bayless v. State

Morrow, Presiding Judge.

Upon a complaint and information charging an aggravated assault, the appellant was convicted of a simple assault, with a penalty assessed at a fine of ten dollars.

No bills of exception appear in the transcript, but in his Amended Motion for New Trial, counsel for appellant attacks the information upon the ground of variance. In the complaint, it is alleged that the offense was committed on or about the 1st day of April, A. D., 1938, whereas, in the information, the date is alleged as the 2nd day of April, A. D., 1938.

The rule is well settled that the material…