McGEE v. STATE

No. 44358.

473 S.W.2d 486 (1971)

James Earl McGEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 14, 1971.


Attorney(s) appearing for the Case

Glenn Hausenfluck, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Roger W. Crampton and John Garrett Hill, Asst. Dist. Attys., Forth Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for escape from jail; the jury assessed the punishment at seven years.

Appellant's two grounds of error relate to a supposed variance between the allegations in the indictment and the proof herein. The indictment alleges that appellant was in lawful custody of the sheriff due to twice having been convicted of felonies, one in Cause No. 74387 which conviction occurred on the 25th day of January...

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