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McCURRY v. STATE

CR-98-2281.

763 So.2d 989 (2000)

John McCURRY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

February 4, 2000.

Attorney(s) appearing for the Case

John Charles Robbins, Birmingham, for appellant.

Bill Pryor, atty. gen., and Andy Scott Poole, asst. atty. gen., for appellee.

COBB, Judge.

John McCurry appeals his conviction for attempted murder. He argues that there was a fatal variance between the indictment and the proof presented at trial. The trial court denied his motions for a judgment of acquittal made on this ground.

The indictment charged the following:

"John McCurry ... did, with intent to commit the crime of murder, (Section 13A-6-2 of the Alabama Criminal Code), attempt to intentionally cause the death of another...

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