OPINION
MORRISON, Judge.
The offense is murder with malice; the punishment, life.
Appellant's first ground of error relates to a variance between the indictment and the proof. In the indictment, the deceased's name appears as Agular. The proof showed it to be Aguilar. Appellant contends this constitutes a fatal variance.
The question of a variance is raised for the first time on appeal. We have concluded that appellant could not have been...
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