Harrison v. State

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, thirty days in jail and a fine of $50.

The complaint alleged- that the offense was committed on 'or about the 26th day of August, 1956. The information based upon the complaint, alleged that the offense was committed on or about the 27th day of August, 1956.

Because of the different dates of the commission of the offense as alleged there is a fatal variance between the complaint and information. 23 Tex.Jur. 604, Sec. 13; 1 Branch’s Ann.P.C., 2nd Ed., 456, Sec. 455; Lackey v. State, 53 Tex.Cr.R. 459, 110 S.W.…