Court of Criminal Appeals of Texas

James Howard Ward, Appellant v. the State of Texas, Appellee

March 18, 19921992 Tex. Crim. App. LEXIS 54

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' judgment and remanded for entry of a judgment of acquittal because it held that the indictment was never actually amended, rendering the State's evidence insufficient to support the burglary conviction. The Court also held that the appellant's claim that the amendment was improper was waived because it was not raised on direct appeal.