PETERSON v. STATE

No. 56455.

574 S.W.2d 90 (1978)

Willie Lee PETERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied December 20, 1978.


Attorney(s) appearing for the Case

Paul Brauchle and Lawrence B. Mitchell, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John Tatum, C. Wayen Huff and John Ovard, Asst. Dist. Attys., Dallas, for the State.

Before DOUGLAS, TOM G. DAVIS and VOLLERS, JJ.


Rehearing En Banc Denied December 20, 1978.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for the offense of aggravated robbery. V.T.C.A., Penal Code, Sec. 29.02. The jury assessed punishment at 35 years.

Appellant initially complains of fundamental error in the jury charge. Appellant contends that the court's charge authorized conviction on a theory not alleged in the indictment.

The indictment in the instant case...

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