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McNEAL v. STATE

No. 59898.

600 S.W.2d 807 (1980)

Clark Edward McNEAL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied July 16, 1980.

Attorney(s) appearing for the Case

Emmett Colvin and David L. Botsford, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Fred C. McDaniel and Michael R. Gillett, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before PHILLIPS, TOM G. DAVIS and DALLY, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder; the punishment is imprisonment for twenty years.

The appellant asserts that: the indictment is fatally defective; there is a fatal variance between the allegations of the indictment and the proof; he was improperly indicted for an offense under V.T.C.A. Penal Code, Sec. 19.02(a)(1).

The indictment charges that:

"Clark Edward McNeal hereinafter styled...

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