Acevedo v. State

OPINION

DALLY, Commissioner.

The conviction is for driving a motor vehicle on a public highway while intoxicated; the punishment, three days in jail and a fine of $100.00.

The complaint alleged that the offense was committed on or about the 22nd day *460of November, 1970. The information based on the complaint alleged that the offense was committed on or about the 20th day of November, 1970.

It has been consistently held that a variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information. Harrison v. State, 297 S.W.2d 823…