Corley v. State

ON MOTION FOR REHEARING.

BELCHER, Judge.

Appellant’s principal complaint on motion for rehearing is that there is a variance between the allegations in the indictment and the state’s proof.

The sufficiency of the evidence to support the allegations in the indictment is inquired into by this court in all cases, no bill of exception being required.

Appellant was primarily charged by indictment with the offense of burglary alleged to have been committed on the 13th day of December, 1947, in Dallas County.

One of the prior convictions alleged for the purpose of enhancing the punishment of the…