Williams v. State

OPINION

DOUGLAS, Justice.

The offense is burglary of a private residence at nighttime; the punishment ninety-one years.

The sole complaint is that there is a variance in the allegation of ownership in *935the indictment and in the proof, because the wife was alleged to be the owner of the residence which was community property. It is contended that the allegation of ownership should have been in the husband.

The proof shows that the private residence was the community property of, and was possessed by, the alleged injured party, Ovie Lee LeFall, and her husband, U. B. LeFall.

Appellant cites Turner v.…