Harris v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of attempted burglary; the punishment, enhanced under Art. 63, Vernon’s Ann.P.C., life.

Appellant alleges two grounds of error.

First, contention is made that the trial court committed reversible error by refusing to grant motion for a directed verdict of acquittal on the grounds that there was a fatal variance between the allegation of ownership in the indictment and the proof thereof.

The indictment was presented and filed April 23, 1970, and alleged: “ * * * that on or about the 9th day of June, A.D., 1969 * * * John Harris,…