Black v. State

OPINION

MORRISON, Judge.

Appellant was convicted by a jury of the offense of burglary with intent to commit theft. The jury assessed punishment at two (2) years.

This prosecution arose after police arrested appellant and another inside Chow’s Food Center at 2120 Cleburne in Houston on the night of August 27, 1971. This appeal is before us on four grounds of error.

First, appellant contends that a fatal variance exists between the indictment, which alleged the building to be occupied and controlled by James Chow, and the proof, which appellant contends shows the building to have actually been…