McClain v. State

OPINION

»BELCHER, Judge.

The conviction is for robbery; the punishment, life.

This is a companion case to Palmer v. State, 423 S.W.2d 323.

Grounds of error Nos. 1 and 2 are:

“The indictment is fundamentally defective in that it alleges the property which was the subject of the robbery to be that of appellant jointly with others, including the alleged victim.

“The evidence is insufficient to sustain the conviction because of a fatal variance in that ownership of the property taken is alleged to be that of appellant, among others, whereas the proof relates ownership to be only in Bert V. Dooley, the…