complaint of aggravated assault on policeman does not support conviction on plea of guilty to DWI
How later courts described this case
- complaint of aggravated assault on policeman does not support conviction on plea of guilty to DWI
Written by the judges who cited it.
The opinion
MORRISON, Judge.
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.