Zepeda v. State

KRUEGER, Judge.

The offense is arson. The punishment assessed is confinement in the State penitentiary for a term of two years.

Appellant’s first complaint is that the trial court erred in declining to instruct the jury to acquit him. He bases his con*259tention upon two grounds: First, because there is a variance between the allegations and the proof. In the indictment, it is charged that appellant burned the house of Tony Verecruz, and the proof shows it to have been the house of Antonio Veracruz. However, there was ample proof to show that while the owner’s given name was Antonio, he was known…