Cox v. State

ON STATE’S MOTION FOR REHEARING

On original submission, the panel reversed this conviction because the evidence was insufficient in that there was a fatal variance in the indictment which alleged the complainant’s name as Emma Dunn and the proof showed her name to be Erma Dunn.

The State’s motion for rehearing is in part adopted as a part of this opinion.

“... [Tjhere was evidence to support the finding by the jury, and that, under this record, ‘Emma’ and ‘Erma’ are idem sonans.

“The trial court charged the jury:

“ ‘You are further instructed that unless you find from the evidence beyond a…