DANIELS v. STATE

No. 05-82-00025-CR.

652 S.W.2d 614 (1983)

Kenneth Rydell DANIELS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

May 26, 1983.


Attorney(s) appearing for the Case

Fred McDaniel, Desoto, for appellant.

Henry Wade, Dist. Atty., Donald G. Davis, Asst. Dist. Atty., for appellee.

Before AKIN, WHITHAM and MALONEY, JJ.


MALONEY, Justice.

Kenneth Rydell Daniels appeals his conviction for burglary of a habitation. Trial was before a jury which assessed punishment at confinement for a term of twenty-five years. Appellant asserts as error (1) that the evidence is insufficient to support the allegations contained in the indictment, and (2) that the trial court's charge authorized his conviction on a theory not alleged in the indictment. We affirm the conviction.

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