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STEPHENS v. STATE

No. 41543.

433 S.W.2d 428 (1968)

Aubrey STEPHENS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 6, 1968.

Attorney(s) appearing for the Case

Charles H. Winston, Odessa, for appellant.

Jack Q. Tidwell, Dist. Atty., Bruce Bangert, Asst. Dist. Atty., Odessa, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for felony theft, and the punishment was assessed at two years.

The first ground urged as error is: "that the indictment reading 1966 Chevrolet Impala' and the proof showing a 1966 Chevrolet Impala automobile was a fatal variance."

The allegation describing the property as "one 1966 Chevrolet Impala" designated an automobile which is commonly known by that name and was sufficiently definite to apprise...

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