McKinney v. State

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 is fundamentally defective because it includes an issue that is unsupported by the evidence.

In three grounds of error, the appellant contends that…