Lundy v. State

On petition of the State, we agreed to review the Court of Criminal Appeals; 539 So.2d 321, decision reversing the conviction and sentence of Jimmy Lundy. Jimmy Lundy was convicted of the capital murder of his wife and was sentenced to life without parole. The Court of Criminal Appeals reversed his conviction, holding that a material variance existed between the indictment, and the evidence offered at trial.

The indictment against Lundy alleges:

“JIMMY LUNDY and BILLY REX GOODSON ... did intentionally cause the death of Wanda Lundy, by striking her with a vehicle, pursuant to a contract,…