Flanagan v. State

*597OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Presiding Judge.

Appellant was convicted of burglary and his punishment was assessed by the court at five (5) years, probated. On original submission his conviction was affirmed in a panel opinion.

The one-man dissenting opinion contended that there was a material variance between the allegations in the indictment and the proof. It notes that the indictment alleged the owner to be “Cecil Chatman” and the proof showed the owner to be “Cecil Chapman.”

The dissent noted that if the names are not idem sonans as a matter of law, then the question of…