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NITCHOLAS v. STATE

Nos. 50131, 50132.

524 S.W.2d 689 (1975)

John Will NITCHOLAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 25, 1975.

Attorney(s) appearing for the Case

Kerry P. FitzGerald, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., Maridell Templeton and Don Driscoll, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeals are taken from convictions for burglary and felony theft. The two causes were tried together upon the request of appellant. Trial was before the court upon pleas of not guilty, and punishment was assessed in each case at two years. The record reflects that the offenses occurred on March 9, 1974, and trial was on April 25, 1974.

Appellant contends the conviction should be set aside "as there is a fatal variance...

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