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AUSTIN v. STATE

No. 09-88-131-CR.

769 S.W.2d 369 (1989)

Ronald Lynn AUSTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

April 19, 1989.

Attorney(s) appearing for the Case

David K. Boyer, Houston and Bruce W. Cobb, Beaumont, for appellant.

John R. DeWitt and Tom Maness, Beaumont, for appellee.

OPINION

BURGESS, Justice.

Appellant was convicted by a jury of promoting an endless chain scheme under TEX. PENAL CODE ANN. sec. 32.48 (Vernon 1974). The court assessed his punishment at sixty days in jail and a $300 fine.

In point of error one, appellant asserts there was a fatal variance between the information and the proof. The information alleged that appellant

intentionally and knowingly contrive[d], set up, propose[d], operate...

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