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WEST v. STATE

No. 45492.

480 S.W.2d 640 (1972)

James Houston WEST, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 7, 1972.

Attorney(s) appearing for the Case

Dan J. Anderson, Richardson, for appellant.

Henry Wade, Dist. Atty., and James B. Scott, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of robbery by assault. Appellant plead guilty before a jury which assessed his punishment at 50 years.

Appellant complains that there was a fatal variance between the proof adduced and the charge in the indictment. He argues that the indictment charges he took from one Eugene Nichols corporeal personal property when in truth and in fact the property taken was not the corporeal personal property...

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