Holland v. State

BROOKS, Judge.

Appellant was convicted of burglary and his punishment assessed at confinement in the penitentiary for a term of three years. ,

Bill number 1 complains that the court erred in permitting the State to prove by prosecutor that the room burglarized was in a hotel; appellant’s contention being, that inasmuch as the indictment alleged the house to be a private residence and the proof shows that it was a room in a hotel, there is a fatal variance between the allegation and the proof in this respect. The bill of exceptions and the evidence shows that prosecutor was renting the room, and…