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DRIVER v. STATE

No. 32097.

339 S.W.2d 208 (1960)

Dwayne Dudley DRIVER, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing October 19, 1960.

Attorney(s) appearing for the Case

No attorney for appellant of record on appeal.

Alton R. Griffin, County Atty., J. Q. Warnick, Jr., Asst. County Atty., Lubbock, Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is transportation of whiskey in a dry area; the punishment, a fine of $200.

No statement of facts accompanies the record.

A fatal variance exists between the complaint, which charges that Dwayne Dudley committed the offense, and the information, which charges that Dwayne Dudley Driver committed the same.

Such a variance is fatal to the conviction. 1 Branch's Ann.P.C., 2nd Ed., Section 489, page 474, and...

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