Langston v. State

OPINION

MORRISON Judge.

The offense is murder with malice; the punishment, life in the Department of Corrections.

Appellant’s first ground of error is that there is a material variance between the name of the deceased as alleged in the indictment and the name of the deceased as shown by the proof offered by the State. The State’s witness, Charlie Ruth Bealer, testified that appellant struck on the head with a crowbar a person to whom she referred at different points in her testimony as Calvin Blair and Calvin Burns. She identified State’s exhibit No. 1 as being a photograph of such person. Dr.…