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NAVARRETTE v. STATE

No. 46481.

491 S.W.2d 148 (1973)

Manuel NAVARRETTE et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 7, 1973.

Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr. and Anthony C. Aguilar, El Paso, for appellants.

Steve W. Simmons, Dist. Atty., Gary B. Weiser, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is a bond forfeiture proceeding.

The sole ground of error is that "there was a material variance between the offense alleged in the bail bond and the judgment nisi inasmuch as there is no offense under State statutes entitled: `destruction—over fifty'."

The bail bond recites appellant to be charged with the felony of "destruction— over fifty" and the judgment nisi recites the offense charged as...

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