SELMAN v. STATE

No. 07-81-0023-CR.

627 S.W.2d 543 (1982)

Sam SELMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Discretionary Review Granted April 28, 1982.


Attorney(s) appearing for the Case

Thompson & Thomas, George L. Thompson, III, Lubbock, for appellant.

John T. Montford, Crim. Dist. Atty., Travis S. Ware, Asst. Crim. Dist. Atty., Lubbock, for appellee.

Before REYNOLDS, C. J., and COUNTISS and BOYD, JJ.


REYNOLDS, Chief Justice.

Charged by indictment with murder, appellant Sam Selman was convicted by a jury of voluntary manslaughter, a lesser included offense. His punishment was assessed by the court at confinement for eight years.

Appellant contends, and we agree, that the court's charge erroneously authorized the jury to convict him for voluntary manslaughter on a theory not alleged in the indictment. The error in the court's charge is fundamental and mandates...

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