Windham v. State

McCLOUD, Chief Justice.

This is an appeal of an attempted murder conviction. The jury assessed punishment, enhanced by two prior felony convictions, at imprisonment for life.

Appellant contends in his first ground of error that the evidence is insufficient to establish his guilt because there is a fatal variance between the allegations in the indictment and the proof offered at trial. We agree.

Janis Andrews, the complaining witness, testified that during the night of September 20, 1980, the appellant, whom she knew, came to the house occupied by her and her roommate, Shirley Hounsell. The…