Austin v. State

OPINION

BURGESS, Justice.

Appellant was convicted by a jury of promoting an endless chain scheme under TEX. PENAL CODE ANN. sec. 3248 (Vernon 1974). The court assessed his punishment at sixty days in jail and a $300 fine.

In point of error one, appellant asserts there was a fatal variance between the information and the proof. The information alleged that appellant

intentionally and knowingly contrivefd], set up, propose[d], operate[d], promote[d], and participate^] in an endless chain scheme, to-wit: offering membership in [appellant’s] company by paying money to join, and then such member…