JORDAN v. STATE

No. 49339.

520 S.W.2d 388 (1975)

Raymond JORDAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 9, 1975.


Attorney(s) appearing for the Case

Marvin Odell Teague, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III and Ned Morris, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ARCHIE BROWN, Commissioner.

The conviction is for receiving and concealing stolen property; the punishment, two years' imprisonment.

Appellant complains that a fatal variance exists between the indictment and the proof in that the indictment alleges that appellant received the property "from person or persons unknown," when the evidence shows that the grand jury knew the name of such person or could have ascertained it by reasonable diligence...

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