Acevedo v. State
Cases that cite this one
3 later published cases cite this decision.
- Kamori Nicole Henry v. State (Tex. App. 2019)
- Paul Poston v. State (Tex. App. 2004)
- Peterson v. State (Tex. Crim. App. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION
The conviction is for driving a motor vehicle on a public highway while intoxicated; the punishment, three days in jail and a fine of $100.00.
The complaint alleged that the offense was committed on or about the 22nd day
It has been consistently held that a variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information. Harrison v. State, 297 S.W.2d 823 (Tex.Cr.App. 1957) and cases cited; Wheat v. State, 172 Tex.Cr.R. 259, 356 S.W.2d 323 (1962) and cases cited; Beasley v. State, 397 S.W.2d 454 (Tex.Cr.App. 1966) and cases cited; and Thomas v. State, 474 S.W.2d 236 (Tex.Cr.App. 1971).
The judgment is reversed and the cause remanded.
Opinion approved by the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.