Haynes v. State

On a charge of burglary, the appellant, Haynes, was convicted by a jury and sentenced to serve five years in the penitentiary, from which he appeals here. The indictment charged that appellant “did then and there wilfully, unlawfully, feloniously and burglariously break and enter the dwelling house of Mrs. E. Hollingsworth,” and was evidently drawn under section 812, Code 1930.

The. main assignment of error here is that the court below erred in refusing the peremptory instruction asked for by appellant, because there was a fatal variance between the evidence offered and the language of the…