Smith v. State

BOYD, Justice.

Appellant Clarence Smith appeals from his conviction for burglary of a building. Punishment was assessed at 5 years confinement in the Texas Department of Corrections and a $3,000.00 fine. For the reasons expressed below, we affirm the judgment of conviction.

Appellant raises three grounds of error in this appeal. First, he alleges that there was a fatal variance between the indictment and the charge because the indictment alleged that he had acted together with John Paul Bryant, while the charge permitted the jury to find him guilty without first finding that he had acted…