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HARRIS v. STATE

No. 43821.

471 S.W.2d 390 (1971)

John HARRIS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 14, 1971.

Second Rehearing Denied October 26, 1971.

Attorney(s) appearing for the Case

Monroe K. Walter, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Vic Pecorino, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of attempted burglary; the punishment, enhanced under Art. 63, Vernon's Ann.P.C., life.

Appellant alleges two grounds of error.

First, contention is made that the trial court committed reversible error by refusing to grant motion for a directed verdict of acquittal on the grounds that there was a fatal variance between the allegation of ownership in the indictment and the...

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