Martinez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with intent to commit theft. The punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life.

At the outset appellant contends there is a fatal variance between that portion of the indictment alleging the primary offense and the proof offered. He urges that the proof fails to reflect that any property was taken or removed from the alleged burglarized building.

The record reflects that near midnight on July 27, 1967, Houston Police Officers, answering a burglar alarm, discovered…