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Burke v. State

Court of Criminal Appeals of Texas
Feb 8, 1961
342 S.W.2d 585 (Tex. Crim. App. 1961)

Opinion

No. 32927.

February 8, 1961.

Appeal from the County Court, Angelina County, H. R. Rolston, J.

J. T. Maroney, Jr., Lufkin, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


Upon a plea of guilty before the court without a jury, appellant was convicted of the offense of driving while intoxicated and his punishment assessed at 3 days in jail and a fine of $50.

No statement of facts of any evidence adduced upon the trial accompanies the record.

Appellant predicates his appeal upon the sole contention that there is a fatal variance between the complaint and information because in the complaint appellant's name is alleged to be 'William F. Burke' and in the information the name is alleged to be 'William G. Burke'.

The contention is without merit as a middle initial may be rejected as surplusage. 1 Branch's Ann.P.C., 2nd ed., page 469, sec. 482; Hill v. State, 103 Tex.Crim. R., 281 S.W. 1071; and Lott v. State, 164 Tex.Cr.R. Cr.R. 395, 299 S.W.2d 145. 395, 299 S.W.2d 145.

Opinion approved by the Court.


Summaries of

Burke v. State

Court of Criminal Appeals of Texas
Feb 8, 1961
342 S.W.2d 585 (Tex. Crim. App. 1961)
Case details for

Burke v. State

Case Details

Full title:William F. BURKE, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 8, 1961

Citations

342 S.W.2d 585 (Tex. Crim. App. 1961)
170 Tex. Crim. 539