COLE v. STATE

No. 59727.

611 S.W.2d 79 (1981)

Henry Burton COLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

January 28, 1981.


Attorney(s) appearing for the Case

Marvin O. Teague, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Gerald R. Flatten, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

Appellant asserts that: (1) the court erred in enhancing his punishment because the evidence was insufficient to sustain an enhancement allegation in the indictment; (2) there was a fatal variance between an enhancement allegation in the indictment and the evidence adduced to sustain...

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