Pedrosa v. State

DAVIDSON, Judge.

This is a conviction for rape, with punishment assessed at twenty years in the penitentiary.

Appellant claims a variance between the allegation of the indictment and the proof as to the name of the prosecutrix.

The indictment alleged that the rape was committed upon “Seanda Acosta.” The conviction rests upon testimony showing that appellant raped “Senaida Acosta.”

Senaida Acosta testified that she had never been known as or called by the name, “Seanda” Acosta; she testified that she never heard the name, “Seanda,” until she heard it used in the court room upon the trial of the…