GIBSON v. STATE

No. 42373.

448 S.W.2d 481 (1969)

John Lewis GIBSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 28, 1970.


Attorney(s) appearing for the Case

Pat McDowell, Dallas, for appellant.

Henry Wade, Dist. Atty., John Tolle, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is robbery; the punishment, thirty-five years.

If the appellant's first ground of error is properly understood, it is that the indictment charged that appellant acting with one Lavall Bryant committed the robbery, and since the injured party was able to identify only appellant as the participant in the robbery, a variance exists. Hardie v. State, 140 Tex.Cr.R. 368,...

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