Williams v. State

ON REHEARING

CATES, Presiding Judge.

In brief to support his application for rehearing appellant argues:

“ARGUMENT NO. 1

“This Court has relied on the facts as set forth in Appellee’s brief to uphold the lower court’s conviction of the Appellant. The Appellee has misconstrued the facts to show that there was no variance between the indictment and proof offered at the trial. As is shown in the statement of the facts on transcript page 24, the testimony was that John M. Thorington was the owner of the television sets and not Hi-Fi Hideaway, Inc., a corporation, as set out in the indictment.…