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ESTES v. STATE

No. 45201.

484 S.W.2d 711 (1972)

Will Jasper ESTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 25, 1972.

Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Bert Graham, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary; punishment, enhanced under Article 62, Vernon's Ann.P.C., 12 years.

The indictment alleges Mrs. Turner as the owner of the premises burglarized. Appellant argues that since undisputed evidence shows a Joe Young to be the actual owner of the premises, there exists a fatal variance. We disagree.

"Actual ownership is not the test; to the contrary, the person having the care...

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