Nitcholas v. State

OPINION

DAVIS, Commissioner.

Appeals are taken from convictions for burglary and felony theft. The two causes were tried together upon the request of appellant. Trial was before the court upon pleas of not guilty, and punishment was assessed in each ease at two years. The record reflects that the offenses occurred on March 9, 1974, and trial was on April 25, 1974.

Appellant contends the conviction should be set aside “as there is a fatal variance between the owner’s name as spelled in the indictments and the owner’s name as proved by the evidence.” The burglary indictment alleged that “Danny…