People v. Knox

This is an appeal from a conviction of burglary. After a trial without a jury the trial judge sentenced the defendant to a term of two to four years in the penitentiary.

The defendant contends on appeal that the evidence adduced at trial did not support the allegation contained in the indictment that the burglarized premises were the premises of “H & K Realty Co., Inc., a corporation.” The defendant also contends that there was a fatal variance between the description of the premises as a “tavern” and the proffered proof at trial because it was established that the premises were not in use as…