Court of Criminal Appeals of Texas

Henry Burton Cole, Appellant v. the State of Texas, Appellee

January 28, 19811981 Tex. Crim. App. LEXIS 881

Summary

The Court affirmed Henry Burton Cole's murder conviction and life sentence, holding that a mere discrepancy in the cause number of a prior conviction cited for sentencing enhancement does not constitute a fatal variance, and that the officer's hearsay testimony was properly excluded. Justice Clinton, concurring, agreed with the result but emphasized that the failure to object waived any variance claim.