Richard Aldon Burrell, Appellant v. the State of Texas, Appellee

Summary

The Court held that the trial court’s amendment of the indictment by deleting “and with his malice aforethought” and “by shooting him with a gun” was a substantive change prohibited by Article 28.10, rendering the conviction for assault with intent to murder a peace officer invalid; the judgment was reversed and remanded. A concurring opinion agreed with reversal only on the firearm phrase, while a dissent argued that the malice phrase is surplusage and the conviction should be affirmed.