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PAYNE v. STATE

No. 44459.

487 S.W.2d 71 (1972)

Richard William PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 22, 1972.

Attorney(s) appearing for the Case

Charles W. Tessmer, Ronald L. Goranson, Dallas, for appellant.

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

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of receiving and concealing stolen property of a value over fifty dollars; punishment was assessed by the court at five years.

At the outset, appellant contends there is a fatal variance between the allegation in the indictment and the proof in support thereof.

The indictment avers that appellant received the stolen property "from a person to the Grand Jurors unknown."...

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