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

Summary

The Court affirmed the murder conviction and life sentence, holding that a mere discrepancy in the cause number of a prior conviction does not constitute a fatal variance for an enhancement allegation, and that the officer's testimony was inadmissible hearsay. The Court found no prejudice from the variance and upheld the trial court's evidentiary ruling. Justice Clinton, in a concurring opinion, agreed with the result but emphasized that the failure to object waived any variance claim.