McKINNEY v. STATE

No. 60259.

615 S.W.2d 223 (1981)

Lawyer McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

May 6, 1981.


Attorney(s) appearing for the Case

Barry J. O'Keefe, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Larry Knapp, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for State.

Before ROBERTS, DALLY and TEAGUE, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction of the offense of burglary. The punishment, enhanced by one prior felony conviction, is imprisonment for twenty-five years.

The appellant raises six grounds of error complaining of the following: the trial court erred in failing to submit a charge on the lesser included offense of criminal trespass; a fatal variance exists between the court's charge and the indictment; and the court's charge...

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