JOHNSON v. STATE

No. 13-81-196-CR (2200cr).

629 S.W.2d 252 (1982)

Donald JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

February 25, 1982.


Attorney(s) appearing for the Case

Herbert Hawkins, Atty. at Law, Corpus Christi, for appellant.

Wm. B. Mobley, Jr., Dist. Atty., Corpus Christi, for appellee.

Before NYE, C. J., and YOUNG and GONZALEZ, JJ.


OPINION

GONZALEZ, Justice.

Appellant was convicted by a jury of the offense of forgery by passing. Tex.Penal Code Ann. § 32.21(a)(1)(B) (Vernon 1974). The court assessed punishment at six years. In his first ground of error, appellant contends that there is a fatal variance between the indictment and the proof at the trial. We agree and reverse.

The evidence shows that on October 17, 1980, Patricia Revett, an employee of Childre Answering Service...

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