Rehearing En Banc Denied January 16, 1980.
OPINION
W. C. DAVIS, Judge.
This is an appeal from a conviction for murder, wherein the jury assessed punishment at fifty (50) years.
In his sole ground of error, appellant contends that the trial court fundamentally erred in its charge to the jury, in that the charge authorized conviction for murder on a theory not alleged in the indictment. We agree. V.T.C.A. Penal Code, Sec. 19.02, provides that...
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