Escobar v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary; punishment was enhanced to life pursuant to V.T.C.A., Penal Code Sec. 12.-42(d).

Appellant urges reversal due to a fatal variance between the allegation and proof of the complainant’s name. The indictment alleged the complainant was Dan Wiederhold. The witness at trial testified his name was Donald Ray Wiederhold, and on cross-examination he testified that he had not ever been known as Dan Wieder-hold.

In Martin v. State, Tex.Cr.App., 541 S.W.2d 605, the Court held:

“[W]e will . . . refrain from disturbing on appeal a jury or…