Martin v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated robbery; the punishment is life imprisonment.

It is urged that there is a material variance between the allegation and the proof of the name of the complainant, and therefore the evidence is insufficient to sustain the conviction. The indictment alleges that the complainant’s name is DIANNA LYNCH SYKES; the transcript of the court reporter’s notes reflects that the complainant’s name is DINA JONES SYKES.

A middle name or initial may be disregarded; a material variance between the allegation and the…