McDonald v. State

OPINION

CANTU, Justice.

This is an appeal from a conviction for attempting to obtain a controlled substance by fraud. TEX.REV.CIV.STAT.ANN. art. 4476-15, § 4.09(a)(3) (Vernon Supp.1985). Punishment was assessed at thirty days confinement in the county jail.

In her first ground of error, appellant complains that the trial court erred in overruling her motion for instructed verdict because there was a fatal variance between the allegations and the proof of the complainant’s name.

The information alleged:

On or about the 3rd day of August, A.D., 1984, Karen F. McDonald, hereinafter known as…