Legal Opinion

Joe Lee Buster v. State

Texas Court of Appeals, 12th District (Tyler)

Decided June 30, 2003No. 12-02-00229-CRPublished

1Opinion of the Court

NO. 12-02-00229-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOE LEE BUSTER,

§

APPEAL FROM THE 349TH

APPELLANT

V

§

JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§

HOUSTON COUNTY, TEXAS

MEMORANDUM OPINION

Joe Lee Buster ("Appellant") appeals his conviction for assault on a public servant. In his sole issue, Appellant argues that a fatal variance exists between the complainant's name alleged in the indictment and the name proved at trial rendering the evidence legally insufficient to support a conviction. We affirm.

Background

Appellant was charged by indictment with…

2Cases cited18 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  3. Tibbs v. FloridaSupreme Court of the United States · 1982
  4. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
  5. Barnes v. StateCourt of Criminal Appeals of Texas · 1994

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