Ross v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, life.

Appellant’s first ground of error relates to a variance between the indictment and the proof. In the indictment, the deceased’s name appears as Aguiar. The proof showed it to be Aguilar. Appellant contends this constitutes a fatal variance.

The question of a variance is raised for the first time on appeal. We have concluded that appellant could not have been misled by the spelling. We find the names to be idem sonans. Christopher v. State, Tex.Cr.App., 479 S.W.2d 281; Raseley v. State, Tex.Cr.App., 470 S.W.2d 899;…