WALLING v. STATE

No. 41875.

437 S.W.2d 563 (1969)

Thomas WALLING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 19, 1969.


Attorney(s) appearing for the Case

John H. Green, Odessa, for appellant.

Jack Tidwell, Dist. Atty., Bruce Bangert, Asst. Dist. Atty., Odessa, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is felony theft; the punishment, assessed by the jury, 10 years' confinement in the Texas Department of Corrections.

Appellant does not challenge the sufficiency of the evidence to sustain this conviction. Therefore, we deem it unnecessary to recite the facts.

Initially, appellant claims a fatal variance exists between the allegation in the indictment and the proof as to the ownership of the property taken...

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