Bergman v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Commissioner.

Appellant re-urges his contention of a fatal variance between the allegation and the proof, because the indictment charged that he did steal “fifty two dollars and ninety six cents in money” and the proof showed that he received from the injured party, in exchange for the check, $50 in cash and $2.96 worth of groceries.

We again overrule the contention and, in addition to the authorities cited in our original opinion, refer appellant to the rule stated in 41-A Tex.Jur., Sec. 178, at page 166, which reads as follows:

“Money.—In a prosecution…