Hancock v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

Appellant earnestly urges this Court to hold that a fatal variance exists between the allegation in the indictment that he “did then and there unlawfully enter upon the enclosed lands * * * and did then and there hunt with a firearm” and the proof that he did not physically enter but shot across said enclosed lands.

Reliance is had upon Tibbs v. State, Tex.Cr.App., 341 S.W.2d 932, and Fuller v. State, 120 Tex.Cr.R. 66, 48 S.W.2d 303. Reference should also be made to Fannin v. State, 168 Tex.Cr.R. 593, 331 S.W.2d 47.

In Tibbs (negligent homicide), the…