Dyer v. State

The affidavit, upon which the information professes to be based, charges that the misdemeanor of which appellant was convicted was committed on the 24th day of December, 1881, and the offence described in the information is alleged to have been committed on the 24th day of January, 1881. The appellant contends that his motion to quash should have been 'sustained.

Informations must be supported by an affidavit and must charge the same offence- as that described in the affidavit. An information charging a distinct and different offence from that stated in the affidavit can not be upheld.

It is…