Grant v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a vehicle. Punishment was assessed at ten years’ imprisonment.

In his first ground of error appellant argues that there was a material and fatal variance between the allegation and the proof of the name of the complainant thus rendering the evidence insufficient to sustain the conviction. The indictment alleges that the complainant’s name was Mary Harrington; the record reflects that the complainant’s name was Marion Harrington. Also, there is no evidence that the complainant was known by the name “Mary Harrington.” See…