Gay v. State

Benham, Judge.

This appeal is from appellant’s convictions for obstruction of an officer, opprobrious and abusive language, and reckless conduct.

1. Appellant’s first enumeration of error is that there was a fatal variance between the allegata and the probata with regard to the op probrious and abusive language charge. The accusation alleged that appellant called the arresting officer a “son-of-a-bitch” and a “Goddamn son-of-a-bitch.” Appellant’s argument that the evidence at trial did not correspond to the allegations of the accusation is belied by the record. The arresting officer testified…