Walling v. State

OPINION

ONION, Judge.

The offense is felony theft; the punishment, assessed by the jury, 10 years’ confinement in the Texas Department of Corrections.

Appellant does not challenge the sufficiency of the evidence to sustain this conviction. Therefore, we deem it unnecessary to recite the facts.

Initially, appellant claims a fatal variance exists between the allegation in the indictment and the proof as to the ownership of the property taken.

Appellant contends the evidence reflects that the four copper bars stolen were the property of United Concrete Pipe, a corporation, and that one Billy Whiddon…