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YOUNG v. STATE

No. 58076.

605 S.W.2d 550 (1980)

Lonnie M. YOUNG, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied October 15, 1980.

Attorney(s) appearing for the Case

James S. Bates, Edinburg, for appellant.

Oscar B. McInnis, Dist. Atty., and Joseph A. Connors, III, Asst. Dist. Atty., Edinburg, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter on an indictment for murder. Punishment was assessed at five year.

At the outset we note fundamental error that must be considered in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment in this case alleged that appellant did:

"... knowingly and intentionally cause the death of an individual, James Garham, by shooting him with a gun...

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