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BURNETT v. STATE

No. 48654.

514 S.W.2d 939 (1974)

Charles D. BURNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 30, 1974.

Attorney(s) appearing for the Case

Joan R. Foster, Del Rio, for appellant.

John F. Pettit, Dist. Atty., Del Rio, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted of escape from prison of a prisoner charged with a felony; punishment was assessed at two years' confinement.

The charging part of the indictment for escape alleges, in the part pertinent to this decision, that appellant escaped "while confined... having been formally charged with a felony ..."

In his only ground of error, appellant contends there is a fatal variance between the proof offered at...

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