Henry v. State

OPINION

LATTIMORE, Justice.

This is an appeal by Mark Edward Henry who was convicted for attempted capital murder. See Tex.Penal Code Ann. § 15.01 (Vernon Supp.1992) and § 19.03 (Vernon 1989 & Supp.1992). The jury assessed punishment at forty years confinement in the Institutional Division of the Texas Department of Criminal Justice. Henry asserts the following two points of error in his appeal, namely that: (1) the trial court erred in denying his motion for new trial because there was a fatal variance between the allegation contained in the indictment and the evidence produced at trial; and…