Alexander v. State

Marshall, Judge.

Appellant was tried and convicted of burglary and sentenced to serve 20 years. He appeals and enumerates seven errors, which assert two basic issues: (1) Whether there was a fatal variance in the allegata and the probata; and (2) whether he was harmed by a delay in the hearing of his motion for new trial. Held:

1. The indictment charged appellant with burglary in that he did unlawfully and with force of arms "without authority and with intent to commit a theft therein enter that certain store building of I. Perlis & Sons, a partnership composed of Louis D. Perlis, Lamar J.…