Evans v. State

OPINION

DALLY, Commissioner.

The conviction is for felony theft; the punishment, imprisonment for ten years.

The only ground of error raised is that the evidence is insufficient to sustain the conviction because there is a material variance between the alleged name of the complainant and the proof offered.

The indictment alleges the owner of the stolen property to be Daniel Wier. The transcript of the court reporter’s notes reflects and the State acknowledges the proof shows the complainant’s name to be Dan R. Wier. 1 There is no proof in the record that the appellant was known both as Dan and…