WINDHAM v. STATE

No. 11-81-024-CR.

627 S.W.2d 505 (1982)

Johnny Robert WINDHAM, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Discretionary Review Granted April 14, 1982.


Attorney(s) appearing for the Case

Edward R. Paynter, Glenn, Thomas, Price, Paynter & Wilson, Abilene, for appellant.

James M. Eidson, Ross Adair, Asst. Dist. Attys., Abilene, for appellee.


McCLOUD, Chief Justice.

This is an appeal of an attempted murder conviction. The jury assessed punishment, enhanced by two prior felony convictions, at imprisonment for life.

Appellant contends in his first ground of error that the evidence is insufficient to establish his guilt because there is a fatal variance between the allegations in the indictment and the proof offered at trial. We agree.

Janis Andrews, the complaining witness, testified that...

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