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White v. State

Court of Criminal Appeals of Texas
Jun 2, 1965
391 S.W.2d 62 (Tex. Crim. App. 1965)

Opinion

No. 38306.

June 2, 1965.

Appeal from the County Court at Law No. 1, Lubbock County, James A. Ellis, J.

No attorney of record on appeal.

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


This is an appeal from a judgment in County Court at Law No. 1 of Lubbock County convicting appellant of the offense of carrying on or about his person a pistol. The judgment was rendered upon a plea of guilty before the court to the information in Cause No. 36929 and a fine of $125.00 was assessed.

The complaint and information in said Cause No. 36929 in said court shown in the transcript allege the offense of injuring personal property as denounced by Article 1350(1)(b) Vernon's Ann.P.C.

The variance between the judgment and the information is fatal. Acosta v. State, Tex.Cr.App., 385 S.W.2d 394.

The judgment is reversed and the cause is remanded.


Summaries of

White v. State

Court of Criminal Appeals of Texas
Jun 2, 1965
391 S.W.2d 62 (Tex. Crim. App. 1965)
Case details for

White v. State

Case Details

Full title:Walter Lee WHITE, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jun 2, 1965

Citations

391 S.W.2d 62 (Tex. Crim. App. 1965)