McIver v. State

OPINION

DOUGLAS, Judge.

Linda Mclver appeals from a conviction for the offense of murder. Trial was before the court. Punishment was assessed at fifty years.

Appellant contends that the evidence is insufficient to sustain the conviction. She argues that there was a material variance between the indictment and the proof as to the manner and method of death.

The indictment alleges that the deceased was struck and stabbed with a blunt instrument and a sharp instrument “which were, to the grand jurors, unknown.”

When an indictment alleges that the deceased was killed “by some means, instrument, and…