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TYRA v. STATE

No. 51276.

534 S.W.2d 695 (1976)

Billy Joe TYRA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 24, 1976.

Attorney(s) appearing for the Case

Charles Warren Van Cleve, Arlington, for appellant.

Henry Wade, Dist. Atty., James B. Scott and Jerry Banks, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is fondling of sexual parts of a female child under the age of 14 years (Article 535d, V.A.P.C.); the punishment, enhanced by two prior felony convictions, life.

Appellant's first ground of error alleges there is a fatal variance between the allegations of the indictment and the proof adduced at trial. The portion of the indictment in question alleged that appellant "knowingly and intentionally placed his hand...

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