Court of Criminal Appeals of Texas, 1961

Burke v. State

Burke v. State
Court of Criminal Appeals of Texas · Decided February 8, 1961 · Dice
342 S.W.2d 585; 170 Tex. Crim. 539; 1961 Tex. Crim. App. LEXIS 5256 (South Western Reporter, Second Series)

Burke v. State

Opinion of the Court

DICE, Commissioner.

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.Cr.R. 580, 281 S.W. 1071; and Lott v. State, 164 Tex.Cr.R. 395, 299 S.W.2d 145.

The judgment is affirmed.

Opinion approved by the Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.