Porter v. State

ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

Appellant reiterates in his motion for rehearing the proposition that there is a variance in the complaint and information and the facts pleaded herein as well as in the facts produced on the trial.

It is alleged that the appellant did unlawfully with intent to defraud obtain certain money from a certain person by the giving arid drawing of a certain draft upon a certain bank, to-*239wit: Lakewood State Bank, Dallas, Texas, which said draft was then and there of the tenor following:

“Dallas, Texas, 3-1 1952

TO THE Lakewood Bank Dallas

PAY TO THE

ORDER OF…