CLINTON v. STATE

No. 40824.

421 S.W.2d 109 (1967)

Carl Emanuel CLINTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1967.


Attorney(s) appearing for the Case

Bill W. Bailey, Dallas, for appellant.

Henry Wade, Dist. Atty., Arch Pardue, Charles Caperton and Kerry P. FitzGerald, Asst. District Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary with two prior convictions for burglary alleged for enhancement; the punishment, life.

Appellant's first ground of error is that there was a variance between the allegations in the indictment and in the proof. Though the indictment does not allege any specific location, his contention is predicated upon Officer Slaughter's twice-given testimony that he apprehended appellant at the Morningside Grocery...

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