# McCafferty v. State

> Court of Criminal Appeals of Texas · November 3, 1965 · 395 S.W.2d 38

URL: https://www.frixlaw.com/law-library/cases/5030034

## Case

- **Full name:** Marion Kenneth McCAFFERTY v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 3, 1965
- **Citations:** 395 S.W.2d 38; 1965 Tex. Crim. App. LEXIS 1181
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Morrison
- **Judges:** Morrison
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5030034

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5030034. Public record. Not legal advice.