McCurry v. State

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 person, Rose M. Hill, by shooting at her with a pistol, in violation of Section 13A-4-2 of the Alabama Criminal Code, against the peace and…