Hall v. State

OPINION ON STATE’S MOTION FOR REHEARING

DALLY, Judge.

To enhance the punishment the State alleged a prior felony conviction in Minnesota. The enhancement paragraph alleged the prior felony conviction was prosecuted by indictment while the proof was that it was prosecuted by information. The panel on the authority of Melancon v. State, 367 S.W.2d 690 (Tex.Cr.App.1963), and Boone v. State, 450 S.W.2d 614 (Tex.Cr.App.1970), found this variance between the allegations and the proof fatal and ordered reversal of the judgment.

If Melancon v. State, supra, and Boone v. State, supra, were not implicitly…