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GARCIA v. STATE

No. 56470.

574 S.W.2d 133 (1978)

Ernest GARCIA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

December 13, 1978.

Attorney(s) appearing for the Case

H. Thomas Hirsch, Odessa, for appellant.

John R. Hollums, Dist. Atty., Floydada, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.

OPINION

PHILLIPS, Judge.

This is an appeal from convictions for voluntary manslaughter (2) and aggravated assault (2). Punishment was assessed at 10 years' imprisonment for each offense.

At the outset we note as unassigned error in the interest of justice (see Article 40.09, Section 13, V.A.C.C.P.) fundamental error in the court's charge which mandates the reversal of appellant's conviction for the voluntary...

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