Grantham v. State

DAVIDSON, Presiding Judge.

The indictment charges appellant with burglarizing a house occupied by Saijiro Nakano, Ginzo Kato, Shujiro Nakamura, Kosuke Masaki, Masokichi Buto and Shokichi Muratsuchi, without the consent of either of the above named parties, with intent to steal. The evidence shows the house was occupied by the first five named parties, and not by the six, as named in the indictment. It is claimed there is a variance between the allegation and the evidence with regard to the occupancy. We are of opinion this point is well taken. Where an indictment alleges owners or occupants…