Lopez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with the punishment, enhanced under the provisions of Article 62, Vernon’s Ann.P.C., being assessed at 12 years.

At the outset the appellant contends there is a fatal variance between the al-legata and the probata in that the indictment alleged the ownership of the “house” in question to be that of Roland Mueller when the evidence showed C. F. Powell to be manager of the corporation occupying the building or “house” in question at the time of the alleged offense.

The witness Mueller testified he was the President of…