SMITH v. STATE

No. 07-82-0057-CR.

651 S.W.2d 863 (1983)

Clarence SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

April 11, 1983.


Attorney(s) appearing for the Case

David Hamilton, Amarillo, for appellant.

Roland Saul, Dist. Atty., David Martinez, Asst. Dist. Atty., Hereford, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.


BOYD, Justice.

Appellant Clarence Smith appeals from his conviction for burglary of a building. Punishment was assessed at 5 years confinement in the Texas Department of Corrections and a $3,000.00 fine. For the reasons expressed below, we affirm the judgment of conviction.

Appellant raises three grounds of error in this appeal. First, he alleges that there was a fatal variance between the indictment and the charge...

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