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GASERY v. STATE

No. 44204.

474 S.W.2d 201 (1971)

Lyonell GASERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 11, 1972.

Attorney(s) appearing for the Case

Bruce K. Bornefeld, Houston (Court Appointed on Appeal Only), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James Moseley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for the offense of attempted burglary with punishment assessed by the jury at three years.1

Appellant contends that there is a fatal variance between the indictment and the proof. The indictment alleges that appellant did attempt to break and enter a "house" under the actual care, control and management of Sam...

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