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CRAIG v. STATE

No. 45389.

488 S.W.2d 458 (1972)

Robert Neal CRAIG, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

Wayne Bagley, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Hugh Russell, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is attemped burglary: with two prior noncapital convictions alleged for enhancement; the punishment, life.

Appellant's first ground of error is the contention that a fatal variance exists between the attempted burglary allegation in the indictment and the proof which showed a consummated burglary. The record contains a picture of the aperture made in the roof of the building in question, but scant description...

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