Birmingham v. State

CALHOUN, Judge.

The offense is burglary; the punishment, 3 years in the penitentiary.

The testimony showed that a smokehouse belonging to Blasco Harper was entered and certain meat was taken therefrom. Some of this stolen meat was found in possession of the witness Gather and part of. it was found under the floor of the house of the appellant. Gather, the accomplice, testified that he and the appellant and another committed the burglary. The appellant did not testify and made no affirmative defense.

This court’s attention is called to the fact of a variance between the allegations in the…