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GEORGE v. STATE

No. 42747.

454 S.W.2d 742 (1970)

Belton GEORGE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 24, 1970.

Attorney(s) appearing for the Case

Gordon Wellborn, Rex Houston, Henderson, for appellant.

Robert M. Allen, Dist. Atty., Henderson, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

Upon a plea of guilty before the court after having waived a jury, the appellant was found guilty of the offense of burglary and his punishment was assessed at two years.

The sole ground of error is that there is a fatal variance between the indictment and the proof in that the indictment alleges that the house occupied and controlled by Odis O'Quinn was forcibly entered without his consent and corporeal personal property...

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