BLACK v. STATE

No. 48133.

505 S.W.2d 821 (1974)

Robert Lee BLACK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 27, 1974.


Attorney(s) appearing for the Case

Ray Montgomery, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Stanley Topek, Asst. Dist. Attys., Houston.

Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

Appellant was convicted by a jury of the offense of burglary with intent to commit theft. The jury assessed punishment at two (2) years.

This prosecution arose after police arrested appellant and another inside Chow's Food Center at 2120 Cleburne in Houston on the night of August 27, 1971. This appeal is before us on four grounds of error.

First, appellant contends that a fatal variance exists between the indictment...

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