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AMES v. STATE

No. 46388.

499 S.W.2d 110 (1973)

Wayne B. AMES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 24, 1973.

Attorney(s) appearing for the Case

Lee A. Chagra, El Paso, for appellant.

Ed Paynter, Dist. Atty., Abilene, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted by jury verdict of the offense of forgery of an endorsement. Punishment was assessed at seven years probated.

The first three grounds contend error of the trial court in failing to sustain appellant's motions to dismiss the indictment because of a fatal variance between the purport and tenor clauses of the indictment.

The indictment, omitting the formal parts, charges that on or about September...

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