Smallwood v. State

OPINION

CLINTON, Judge.

Having waived a jury trial, appellant was found guilty by the trial court of the offense of robbery and sentenced to confinement in the Texas Department of Corrections for a term of ten years.

Appellant presents two grounds of error for our consideration, contending that there is a fatal variance between a descriptive allegation in the indictment and the evidence adduced at trial and that the State failed to prove that the property in question was taken from the individual named in the indictment. Though we overrule appellant’s initial ground of error, ground of error two…