James Daniel Human, Appellant v. the State of Texas, Appellee

Summary

The Court reversed the Court of Appeals and affirmed the trial court's conviction, holding that the circumstantial evidence was sufficient to establish appellant as the same person convicted in the two prior felony DWI offenses despite minor discrepancies in cause numbers. The decision rests on the modern rule that a variance between the indictment and proof must be both material and prejudicial to be fatal.