Dixon v. State

WOODLEY, Judge.

The conviction is for driving a motor vehicle upon a public road while intoxicated; the punishment, 60 days in jail and a fine of $250.00.

The information filed March 26, 1953, alleged that the offense was committed “on or about the 24th day of March, 1943,” whereas the complaint alleged the date of the offense as on or about March 24, 1953.

The variance, as well as the fact that the date alleged in the information was beyond the period of limitation, is fatal to the information. Art. 415 V.A.C.C.P.; Bayless v. State, 136 Texas Cr. R. 1, 123 S.W. 2d 354; Branch’s Ann. P.C., Sec.…