Pitts v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for attempted capital murder; punishment was assessed at imprisonment for twenty-seven years.

Appellant asserts that: (1) the charge submitted to the jury authorized the appellant’s conviction under a theory not alleged in the indictment; (2) the charge failed to apply the law of parties to the facts of the case; and (3) there is a fatal variance between the allegations of the indictment and the evidence.

The indictment alleges that the appellant:

“. . . did then and there unlawfully attempt to intentionally and knowingly cause the death of…