State v. Gibson

FLANIGAN, Judge.

Appellants, Harrison Gibson and Frank Wayne Maupin, each tried under the Second Offender Act (556.280 V.A.M.S.), were convicted by a jury of the crime of attempting (556.150 V.A.M.S.) to commit the offense of burglary in the second degree (560.070 V.A.M.S.). Each received a sentence of five years imprisonment.

The sole contention of each appellant is that there was a fatal variance between the offense charged in the information and the offense shown by the evidence. The contention is sound and the cause must be reversed and remanded.

The amended information against appellant…