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Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Michigan Law Review
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 …