Jordan v. State

OPINION

ARCHIE BROWN, Commissioner.

The conviction is for receiving and concealing stolen property; the punishment, two years’ imprisonment.

Appellant complains that a fatal variance exists between the indictment and the proof in that the indictment alleges that appellant received the property “from person or persons unknown,” when the evidence shows that the grand jury knew the name of such person or could have ascertained it by reasonable diligence. See Cunningham v. State, Tex.Cr.App., 484 S.W.2d 906.

We agree.

Detective Grubbs of the Houston Police Department, who did the follow-up…