
    COWAN v. STATE.
    (Court of Criminal Appeals of Texas.
    March 19, 1913.)
    1. Intoxicating Liquors (§ 223) — Indictment — Variance.
    Under a complaint and information filed June 14, 1912, charging the commission of an offense on June 13th, accused could not be convicted for a violation of the local option law committed June 18, 1912.
    [Ed. Note. — For other cases, see Intoxicating Liquors, Cent. Dig. §§ 263-274; Dec. Dig. § 223.]
    2. Indictment and Information (§ 87)— Requisites — Sufficiency.
    A complaint must allege an offense committed prior to the date of its verification and filing.
    [Ed. Note. — For other cases, see Indictment and Information, Cent. Dig. §§ 244-255; Dec. Dig. § 87.]
    Appeal from Nolan County Court; H. C. Hughes, Special Judge.
    Jim Cowan was convicted of a misdemean- or,' and he appeals.
    Reversed and remanded.
    W. E. Ponder, of Sweetwater, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

Appellant was charged by complaint and information with a misdemeanor. The complaint was filed, on the 14th of June, 1912, charging the offense was committed on the 13th of June, prior to making the affidavit. The information predicated upon the complaint was filed June 14th, and follows the allegations in the complaint. The violation is charged to be against the local option law, and Cook, the alleged purchaser, says that on the 18th of June, 1912, he bought a pint of whisky from appellant. This offense, under Cook’s testimony, was committed four days after the complaint and information were filed. The complaint must allege an offense committed prior to its being sworn to and filed.

The judgment is reversed, and the cause is remanded.  