Member
| Look at Fuller v. State, 73 S.W.3d 250, 254 (Tex. Crim. App. 2002) (immaterial variance review applies to wrong name for victim claim);
Williams v. State, Nos. 05-00-00100-CR, 05-00-00101-CR, 2001 WL 122078 (Tex.App. -- Dallas Feb. 14, 2001, no pet.) (not published) ("appellant does not complain that the indictment fails to charge an offense; rather, he complains the name of the complainant is incorrect. Appellant did not object to the indictment on this basis prior to trial. Accordingly, any complaint is waived. To the extent appellant complains the indictment materially varies from the proof at trial, his complaint is without merit. It is well-established that the suffix "Jr." or "Sr." does not form a part of a legal name and may be rejected as surplusage. Cherry v.. State, 447 S.W.2d 154, 156 (Tex.Crim.App.1969). Its addition or omission is immaterial in criminal proceedings. Smith v. State, 435 S.W.2d 526, 527 (Tex.Crim.App.1969).") |
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