Overmire v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

In his motion for rehearing appellant, for the first time, calls our attention to a claimed variance between the complaint and information and the proof offered in support thereof.

Omitting the formal part, the complaint charges that “heretofore on the 5th day of February, A. D., 1941, Ervin William Overmire did then and there drive and operate a motor vehicle, towit, an automobile, on a public highway located in the City of Houston, Harris County, Texas, and then and there commit an aggravated assault in and upon the person of Gladys Irene Hanna, by then…