Bowker v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of burglary; the punishment, en hanced under Article 62, Vernon’s Ann. P.C., twelve years.

The sufficiency of the evidence is not challenged. Appellant contends that he “was convicted for an offense not alleged in the indictment.”

The basis for this contention is that the indictment alleges that the burglary occurred on March 28, 1970, and the proof adduced at the trial established that the offense occurred on May 28, 1970; hence, he contends a fatal variance.

Article 21.02, Vernon’s Ann.C.C.P., provides that:

“An indictment…