McNeal v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder; the punishment is imprisonment for twenty years.

The appellant asserts that: the indictment is fatally defective; there is a fatal variance between the allegations of the indictment and the proof; he was improperly indicted for an offense under V.T.C.A. Penal Code, Sec. 19.02(a)(1).

The indictment charges that:

“Clark Edward McNeal hereinafter styled Defendant, on or about the 1 day of April in the year of our Lord One Thousand Nine Hundred and 77 in the County and State aforesaid, did unlawfully then and there…