McKellar v. State

OPINION ON APPELLANT’S PETITION FOR REVIEW

ODOM, Judge.

Appellant was convicted of forgery and punishment, enhanced pursuant to V.T. C.A., Penal Code Sec. 12.42(d), was fixed at life. The Court of Appeals initially reversed the conviction for insufficient evidence resulting from a fatal variance between the tenor of the check alleged in the indictment and the instrument introduced at trial. On State’s motion for rehearing the Court of Appeals affirmed the conviction, finding the variances were not material and therefore not fatal. McKellar v. State, Tex.Civ.App., 629 S.W.2d 269. We granted…