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LOPEZ v. STATE

No. 43483.

464 S.W.2d 882 (1971)

Raymond Garcia LOPEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 14, 1971.

Attorney(s) appearing for the Case

Wiley, Plumb & Plunkett by Lewin Plunkett, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Conaway, Wayland Simmons and Sparta Bitsis, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with the punishment, enhanced under the provisions of Article 62, Vernon's Ann.P.C., being assessed at 12 years.

At the outset the appellant contends there is a fatal variance between the allegata and the probata in that the indictment alleged the ownership of the "house" in question to be that of Roland Mueller when the evidence showed C. F. Powell to be manager of...

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