Williams v. State

OPINION

BELCHER, Judge.

The offense is assault with intent to murder with malice; the punishment, five years.

The trial was before the court without the intervention of a jury.

The first ground of error is that there is a fatal variance between the indictment which alleged that the appellant, with malice, shot Pat Gooden with a pistol with the intent to murder him and the evidence which fails to show that he shot him.

The testimony that the appellant entered the tavern with the loaded pistol in his hand and his finger on the trigger, pointed it to Gooden’s head while standing at the table where…