CRIMINAL LAW-INDICTMENT AND INFORMATION-VARIANCE BETWEEN ALLEGATION AND PROOF

Authors

Daniel A. Isaacson S.Ed., University of Michigan Law SchoolFollow

Abstract

In a Texas prosecution for drunken driving, the complaint and information charged that the defendant " . . . on or about the 11th day of April, A.D. 1948 . . . did then and there unlawfully while intoxicated and while under the influence of intoxicating liquor, drive a motor vehicle . . . upon a public highway within said county, to-wit: U.S. Highway #108 about two miles north of the City of Stephenville, Texas .... " Upon conviction, defendant appealed, one ground being that the State had introduced evidence to the effect that he drove his automobile on Highway #108, not U.S. Highway #108 as alleged. Held, judgment reversed. The evidence was not sufficient to support conviction because of fatal variance between allegation in information and proof. Tate v. State, (Tex. Crim. App., 1949) 223 S.W. (2d) 634.

Recommended Citation

Daniel A. Isaacson S.Ed., CRIMINAL LAW-INDICTMENT AND INFORMATION-VARIANCE BETWEEN ALLEGATION AND PROOF, 48 Mich. L. Rev. 1030 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss7/14