Burnett v. State

OPINION

ODOM, Judge.

Appellant was convicted of escape from prison of a prisoner charged with a felony; punishment was assessed at two years’ confinement.

The charging part of the indictment for escape alleges, in the part pertinent to this decision, that appellant escaped “while confined . . . having been formally charged with a felony . . . ”

In his only ground of error, appellant contends there is a fatal variance between the proof offered at trial and the allegation contained in the indictment. Appellant argues that the evidence shows he was in jail on the day of the offense because of a…