Anderson v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. Punishment was assessed by the jury at twenty years.

The record shows that sometime after 10:30 p. m. on June 28, 1970, the appellant stabbed and killed Ronald Allen, the deceased. Appellant and deceased along with several others were at the time cellmates in the El Paso County Jail.

Complaint is made of the trial court’s refusal to grant his motion for an instructed verdict of not guilty because of an alleged material variance between the allegation in the indictment that appellant stabbed the deceased “with an instrument to…