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DEARS v. STATE

No. 43663.

465 S.W.2d 376 (1971)

Edgar Lee DEARS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 14, 1971.

Attorney(s) appearing for the Case

Glenn Hausenfluck, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Ronald W. Quillin, Grant Liser and Roger Crampton, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The offense is burglary; enhanced under Art. 62 Vernon's Ann.P.C., the punishment was assessed at 12 years.

The sole ground of error alleged by appellant is that there is a fatal variance between the allegations in the indictment and the proof, in that the indictment alleged the name of the injured party to be Richard Waldon, and the evidence shows that his real name is James Richard Walden.

The record reflects the following...

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