Simpson v. State

Peterson, Justice.

Carlo Simpson was convicted of felony murder and other crimes in relation to the shooting death of Shakhira Dunson.1 Simpson appeals and argues that the trial court plainly erred in instructing the jury on a method of committing aggravated assault that was not alleged in the indictment. Because the trial court specifically instructed the jury that the State was required to prove every material allegation of the indictment, we affirm Simpson’s convictions.

Viewed in the light most favorable to the verdict, the trial evidence showed the following. Dunson had a child with…