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MURPHY v. STATE

No. 40927.

424 S.W.2d 231 (1968)

Charles Donald MURPHY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 6, 1968.

Attorney(s) appearing for the Case

Phillip P. Mabry, E. Tynes, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and R. W. Hope, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is theft with two prior convictions alleged for enhancement; the punishment, life imprisonment.

Appellant's first ground of error is that there was a variance between the name of the injured party alleged in the indictment and that proven. The indictment alleged Bill Upchurch as being the injured party. In response to the question, "For purposes of the record will you tell us your name and occupation?", the witness...

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