STORY v. STATE

No. 28965.

301 S.W.2d 106 (1957)

W. T. STORY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 17, 1957.


Attorney(s) appearing for the Case

Raymond J. Martin, Wichita Falls, for appellant.

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


DICE, Commissioner.

Upon a plea of guilty before the court without a jury, appellant was convicted of the offense of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor and his punishment assessed at confinement in jail for 5 days and a fine of $100.

Appellant's sole contention is that there is a fatal variance between the complaint and information as to the date the offense is alleged to have been committed and...

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