McCafferty v. State
McCafferty v. State
395 S.W.2d 38; 1965 Tex. Crim. App. LEXIS 1181
(South Western Reporter, Second Series)
McCafferty v. State
Opinion of the Court
The complaint and information charge appellant with the offense of aggravated assault upon a policeman while in the discharge of his duties. Upon a plea of guilty the Court found appellant guilty of the offense of driving while intoxicated.
The variance between the judgment and the information is fatal. Brown v. State, Tex.Cr.App., 391 S.W.2d 61, and Acosta v. State, Tex.Cr.App., 385 S.W.2d 394, and cases there cited.
The judgment is reversed and the cause is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.