State v. Burnham

PRITCHARD, Judge.

Upon a finding of guilty by a jury of a charge of second degree burglary and of stealing in conjunction with burglary, appellant, as a second offender, was sentenced by the court to imprisonment in the Department of Corrections for terms of seven years and three years, respectively, for each offense, to be served concurrently-

The dispositive issue presented by appellant is whether there was a fatal variance from the charge contained in the amended information and the proof adduced by the state. The information charged that appellant “did wilfully, unlawfully and feloni-ously…