Gibson v. State

*482OPINION

MORRISON, Judge.

The offense is robbery; the punishment, thirty-five years.

If the appellant’s first ground of error is properly understood, it is that the indictment charged that appellant acting with one Lavall Bryant committed the robbery, and since the injured party was able to identify only appellant as the participant in the robbery, a variance exists. Hardie v. State, 140 Tex.Cr.R. 368, 144 S.W.2d 571, upon which appellant relies, has no application here. We quote from 2 Branch’s Ann. P.C., Second Edition, Section 704, p. 2, as follows:

“An indictment charging two or more…