Opinion · Court of Criminal Appeals of Texas
Acosta v. State
385 S.W.2d 394
- Type
- Opinion
- Court
- Court of Criminal Appeals of Texas
- Jurisdiction
- Texas
- Date
- 1965-01-06
- Topic
- intellectual-property-and-technology
How later courts describe this case
- complaint of possession of beer for sale does not support conviction on plea of guilty for unlawful sale
Citator
UpLaw has not yet analyzed Acosta v. State. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
This is an appeal 'from a judgment of conviction in County Court at Law No. 2 of Lubbock County for the offense of unlawful sale of beer to Doyle J. Nelson and Rivie Garrett The judgment was rendered upon a plea of guilty before the court to the information in. Cause No. 36590 and a fine of $250 was assessed.
*395 The complaint and information in said Cause No. 36590 in said court shown in the transcript allege the offense of possession of beer for the purpose of sale in Justice Precinct No. 1 of Lubbock County.
The variance between the judgment and the information is fatal. Wright v. State, 168 Tex.Cr.R. 578, 330 S.W.2d 618; Pond v. State, 116 Tex.Cr.R. 196, 32 S.W.2d 356.
The judgment is reversed and the cause is remanded.