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EATON v. STATE

No. 51027.

533 S.W.2d 33 (1976)

Wiley F. EATON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 18, 1976.

Attorney(s) appearing for the Case

James H. Kreimeyer, Belton, for appellant.

Joe Carroll, Jr., Dist. Atty., Al W. Schorre, Jr., Asst. Dist. Atty., Belton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for arson. Punishment was assessed at sixteen years.

In his sole ground of error, appellant contends "That there is a fatal variance between the allegation as to the ownership of the building in the indictment and the proof offered at trial."

Appellant was the manager of a service station. The true owner of the property was a petroleum corporation. The indictment alleged ownership in...

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