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WILLIAMS v. STATE

No. 41961.

438 S.W.2d 934 (1969)

Joe L. WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1969.

Attorney(s) appearing for the Case

Bill R. Jones, Mesquite, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Justice.

The offense is burglary of a private residence at nighttime; the punishment ninety-one years.

The sole complaint is that there is a variance in the allegation of ownership in the indictment and in the proof, because the wife was alleged to be the owner of the residence which was community property. It is contended that the allegation of ownership should have been in the husband...

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