Holland v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for delivery of marihuana of less than one-fourth ounce without remuneration. The punishment was assessed at sixty (60) days in the county jail and a fine of $200.00, probated.

On appeal appellant in a single ground contends the court erred in failing to grant his motion to set aside the misdemeanor complaint and information based on the variance between the two.

Omitting the formal parts, the complaint alleged that in Gaines County on or about the 25th day of April, 1978, the appellant “did then and there intentionally deliver…