Wisham v. State

Eldridge, Judge.

Following a bench trial, Jason Wisham was found guilty of arson in the second degree. He appeals from the conviction and judgment entered thereon. On appeal, Wisham argues that there was a fatal variance between the allegations of the indictment and the evidence at trial. We disagree and affirm.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 1 the evidence shows that on June 10, 2002, at 1:50 a.m., Jacqueline Renee Byrd, age 19, noticed a shadow on her mother’s white car, which was parked in the driveway, upon looking out her bedroom window. Upon closer…