Estes v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary; punishment, enhanced under Article 62, Vernon’s Ann.P.C., 12 years.

The indictment alleges Mrs. Turner as the owner of the premises burglarized. Appellant argues that since undisputed evidence shows a Joe Young to be the actual owner of the premises, there exists a fatal variance. We disagree.

“Actual ownership is not the test; to the contrary, the person having the care, control, and management of the building at the time of the burglary is deemed in law to be the owner thereof, and ownership of the building may be alleged in…