Dears v. State

OPINION

ODOM, Judge.

The offense is burglary; enhanced under Art. 62 Vernon’s Ann.P.C., the punishment was assessed at 12 years.

The sole ground of error alleged by appellant is that there is a fatal variance between the allegations in the indictment and the proof, in that the indictment alleged the name of the injured party to be Richard Waldon, and the evidence shows that his real name is James Richard Walden.

The record reflects the following testimony relative to the name of the injured party:

“Q. State your name to the jury, please sir.

“A. James Richard Walden.

“Q. Are you commonly referred to…