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LANGSTON v. STATE

No. 40463.

416 S.W.2d 821 (1967)

Joe Wayne LANGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 14, 1967.

Attorney(s) appearing for the Case

W. John Allison, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., John Emmett, Joe K. Hendley and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON Judge.

The offense is murder with malice; the punishment, life in the Department of Corrections.

Appellant's first ground of error is that there is a material variance between the name of the deceased as alleged in the indictment and the name of the deceased as shown by the proof offered by the State. The State's witness, Charlie Ruth Bealer, testified that appellant struck on the head...

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