Gasery v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for the offense of attempted burglary with *202punishment assessed by the jury at three years.1

Appellant contends that there is a fatal variance between the indictment and the proof. The indictment alleges that appellant did attempt to break and enter a “house” under the actual care, control and management of Sam Willis. The house in question is a Mading-Dugan Drug Store in Houston and appellant urges that the proof shows that one Jean Seagle was the only special owner.

Willis testified that in the early morning hours of the day in…