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GAYTON v. STATE

No. 13-86-214-CR.

732 S.W.2d 724 (1987)

Edwardo GAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

May 28, 1987.

Attorney(s) appearing for the Case

Kenneth Botary, Corpus Christi, for appellant.

Pat Wolter, Dist. Atty., Corpus Christi, for appellee.

Before NYE, C.J., and DORSEY and KENNEDY, JJ.

OPINION

DORSEY, Justice.

Appellant was convicted of attempted murder and sentenced to fourteen years in the Texas Department of Corrections.

In his first point of error, appellant complains that the evidence was insufficient to sustain the conviction because of a variance between the victim's name as alleged in the indictment and the name as proved at trial. The indictment alleged the victim's name as Porfino Garcia but the proof showed his...

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