Watson v. State

The appellant, Joe David Watson, was indicted jointly with two others for burglary of an “unoccupied dwelling house.” His co-indictees entered pleas of guilty and testified for the State at appellant’s trial.

The jury returned a verdict of guilty and appellant was sentenced to serve a term in the penitentiary.

Appellant urges several grounds for reversal of his conviction, but it is necessary to consider only one, that is, that there was fatal variance between the crime shown by the evidence and that charged in the indictment.

Several distinct crimes are defined in the Mississippi statutes which…