Gayton v. State

OPINION

DORSEY, Justice.

Appellant was convicted of attempted murder and sentenced to fourteen years in the Texas Department of Corrections.

In his first point of error, appellant complains that the evidence was insufficient to sustain the conviction because of a variance between the victim’s name as alleged in the indictment and the name as proved at trial. The indictment alleged the victim’s name as Porfino Garcia but the proof showed his name to be Porfirio Garcia.

The name of the complaining witness must be alleged and proven. A material variance between the allegation and proof will render…