White v. State

McKAY, Justice.

This is an appeal from a conviction for aggravated robbery. After the jury returned a guilty verdict, the court assessed appellant’s punishment at confinement for life. The sufficiency of the evidence is not challenged.

In his first ground of error, appellant asserts the prosecutor committed fundamental error in his opening statement to the jury, by stating that he expected to prove a fact which he subsequently did not attempt to prove. The prosecutor’s statement was: “I believe the evidence will further show that he (appellant) shot at him (complainant) again in an attempt to…