Martinus v. State

HENDERSON, Judge.

Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal. The only question we need consider is an alleged variance between the indictment, or the count of the indictment under which appellant was convicted, and the evidence. The indictment charges appellant with burglary in two counts: the first count charging the burglary of a private residence at night, and the second count charging the burglary of a house at night. The court submitted only the last count in the indictment, and appellant…