Clark v. State

OPINION

ONION, Presiding Judge.

Appellant was charged with attempted capital murder in two separate indictments. In the first indictment, appellant was charged with the attempted capital murder of Waylon Bullard. In the second, he was charged with the attempted capital murder of James D. Humphreys. Both indictments alleged the offense of attempted capital murder proscribed by §§ 15.01 and 19.-03(a)(1) of the Texas Penal Code. Both indictments were based upon circumstances arising out of the same factual situation. With the consent of appellant, both cases were tried together. The jury returned…