EVANS v. STATE

No. 48317.

509 S.W.2d 371 (1974)

Oelius EVANS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 15, 1974.


Attorney(s) appearing for the Case

James S. Moss, Mesquite, for appellant.

Henry Wade, Dist. Atty., Maridell Templeton, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for felony theft; the punishment, imprisonment for ten years.

The only ground of error raised is that the evidence is insufficient to sustain the conviction because there is a material variance between the alleged name of the complainant and the proof offered.

The indictment alleges the owner of the stolen property to be Daniel Wier. The transcript of the court reporter's notes reflects...

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