Payne v. Stated

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of receiving and concealing stolen property of a value over fifty dollars; punishment was assessed by the court at five years.

At the outset, appellant contends there is a fatal variance between the allegation in the indictment and the proof in support thereof.

The indictment avers that appellant received the stolen property “from a person to the Grand Jurors unknown.” Appellant argues that the evidence shows that the name of the person from whom the property was received was known to the police, the district attorney, and to…