McGraw v. State

JOHNSON, Presiding Judge.

A jury found Roy Butch McGraw guilty of attempted arson and five counts of aggravated assault based on evidence that McGraw poured gasoline near two ignition sources (a light bulb and a water heater) in the crawlspace of his estranged girlfriend’s house and then told the estranged girlfriend’s adult children to light the water heater’s pilot flame. McGraw appeals, alleging the evidence was insufficient to sustain the verdict, a fatal variance existed between the indictment and the state’s proof at trial, the trial court erred in its charge to the jury, and his counsel…