Arcidez v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, six months in jail.

In view of our disposition of this cause, a recitation of the facts will not be deemed necessary.

When the judgment in the prior misdemeanor conviction was offered in evidence, the appellant objected on the ground that there was a fatal variance between dates set forth in the complaint and information. In Murphy v. State, 149 Texas Cr. Rep. 269, 193 S.W. 2d 821, we had, as in the case at bar, a variance between the day charged in the complaint and in the information, and…