PEREIDA v. STATE

No. 45821.

491 S.W.2d 668 (1973)

Raul T. PEREIDA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 21, 1973.


Attorney(s) appearing for the Case

Charles D. Butts and Shirley W. Butts, San Antonio, for appellant.

Ted Butler, Dist. Atty. and Charles T. Conaway and Richard D. Woods, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

The offense is possession of a pistol on licensed premises; the punishment, three (3) years.

Trial was before the court without the intervention of a jury. Ground of error one complains of a variance between the indictment which alleged "a pistol" and the proof which showed two pistols. The proprietor of the club where appellant was arrested testified that appellant was pointing a pistol at one of his employees, that he asked...

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