Legal Opinion

Eaton v. State

Court of Criminal Appeals of Texas

Decided February 18, 1976No. 51027PublishedCited by 35 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This is an appeal from a conviction for arson. Punishment was assessed at sixteen years.

In his sole ground of error, appellant contends “That there is a fatal variance between the allegation as to the ownership of the building in the indictment and the proof offered at trial.”

Appellant was the manager of a service station. The true owner of the property was a petroleum corporation. The indictment alleged ownership in Charles Minyard, a regional supervisor for the corporation.

Reading the ground of error in conjunction with the argument in support thereof, we construe his…

2Cases cited4 opinions

  1. Roberts v. StateCourt of Criminal Appeals of Texas · 1974
  2. Castillo v. StateCourt of Criminal Appeals of Texas · 1971
  3. Walling v. StateCourt of Criminal Appeals of Texas · 1969
  4. Porter v. StateCourt of Criminal Appeals of Texas · 1962

3Cited by35 opinions

  1. Compton v. StateCourt of Criminal Appeals of Texas · 1980
  2. Vasquez v. StateCourt of Criminal Appeals of Texas · 1984
  3. Ellett v. StateCourt of Criminal Appeals of Texas · 1980
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1976
  5. Smallwood v. StateCourt of Criminal Appeals of Texas · 1980

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