Evidence of Pointing a Gun at Someone Cases In Texas
In Taylor v. State, 637 S.W.2d 929 (Tex. Crim. App. 1982), the indictment alleged the defendant threaten the complainant with a handgun. See 637 S.W.2d at 929-30.
The evidence showed the defendant did not use a gun, although his accomplice did while robbing another victim. See Taylor, 637 S.W.2d at 930-31.
The complainant never saw the defendant exhibit a handgun, and the evidence was held insufficient to support a conviction for aggravated robbery of the complainant. See Taylor, 637 S.W.2d at 933-34.
Neither the defendant nor his accomplice were charged with aggravated robbery of the victim to whom a gun was shown, and because the complainant never saw a gun, the aggravated robbery charge did not fit the evidence. See id.
Similarly, in Wray v. State, 711 S.W.2d 631 (Tex. Crim. App. 1986), the indictment alleged that the defendant threatened Mary Ann by pointing a shotgun at her and then shot and killed Maggie Beth. See Wray, 711 S.W.2d at 632.
The evidence showed the defendant never pointed the gun at Mary Ann, and the evidence was held insufficient to support the conviction. See Wray, 711 S.W.2d at 633-34.
Finally, in Planter v. State, 9 S.W.3d 156 (Tex. Crim. App. 1999), the indictment alleged the defendant "requested, commanded and attempted to induce" another to kill the victim. See 9 S.W.3d at 157-58.
However, the evidence showed the defendant attempted to request, command or attempt to induce the other person to pay the defendant to kill the victim. See id. at 159.
It was held the evidence did not comport with the conduct alleged in the indictment and was therefore insufficient to support the conviction. See id.