Houghton and Jones v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The indictment charged the ownership of the burglarized premises in the Phillips Petroleum Company, a corporation. The proof showed that the possession of its property was in Mitchell, an agent of the corporation mentioned. The position taken by the appellants is that there is a variance between the proof and the averment, the contention implying that the ownership should have been laid in the agent. It could have been laid in the agent. See White v. State, 24 Tex. Cr. App. 231; Thurmond v. State, 30 Tex. Cr. App. 539; Modica v. State, 251 S. W.…