Williams v. State

Carley, Judge.

Appellant was indicted for the offense of burglary. The indictment alleged that appellant, “without authority and with intent to commit a theft therein, entered the business establishment of Pi-Jon Corporation.” Appellant pleaded not guilty to this indictment and thereafter was tried before a jury which found him guilty of the lesser offense of theft by taking. From the judgment and sentence entered on the jury verdict, appellant brings this appeal.

1. Appellant asserts that the proof fatally varied from the indictment and that the evidence was insufficient to support the…