Jones v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant for the first time claims that a variance is shown between the name of the alleged purchaser as set out in the indictment and, as shown by the statement of facts.

The purchaser is alleged to be. “Jim Holland.” As it appears in the statement of facts it is “Jim Hollins.” No point was made in the court below on the claimed variance, therefore no opportunity occurred in the trial court to investigate the matter. We would have no difficulty if the names appeared as “Holland” and “Hollín”; it is the addition of the final…