Legal Opinion
Araiza v. State
Court of Criminal Appeals of Texas
Decided September 21, 1977No. 53661PublishedCited by 11 opinions
1Opinion of the Court
OPINION
ODOM, Judge.
This is an appeal from a conviction for burglary of a habitation. Punishment was assessed by the court at 5 years.
The facts of the case indicate that the home of C. D. Loop was burglarized on August 21, 1975. C. D. Loop and his wife were away from their home and out of the state at the time. Mr. and Mrs. Loop had left the care of the house entrusted to their two sons and their daughters-in-law.
The appellant contends that there is a fatal variance between the allegations in the indictment and the proof as to ownership and lack of consent. With this contention we must agree.
Th…
2Cases cited6 opinions
- Roberts v. StateCourt of Criminal Appeals of Texas · 1974
- Easley v. StateCourt of Criminal Appeals of Texas · 1959
- Gilbreath v. StateCourt of Criminal Appeals of Texas · 1953
- Davidson v. StateCourt of Criminal Appeals of Texas · 1919
- Clark v. StateCourt of Criminal Appeals of Texas · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Freeman v. StateCourt of Criminal Appeals of Texas · 1986
- Albert H. Carter v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Gibbs v. StateCourt of Criminal Appeals of Texas · 1980
- Lemons v. State, Texas Court of Appeals, 13th District1997
- Smith v. StateCourt of Criminal Appeals of Texas · 1982
6 more not listed; retrieve them via the Exa API.