Hoerr v. State

Citations

• 4 Tex. Ct. App. 75

Syllabus

<p>1. Variance between Affidavit and Information.—In prosecutions by information, an affidavit is as indispensable as the information, and both must substantially describe the same offense.</p> <p>2. Same — Time.—An information charged a theft to have been committed on the first day of August, 1877, whereas the affidavit charged the time as on or about the first day of September of the same year. Held, that the variance is fatal to the conviction, and the cause is dismissed.</p>