MORRIS v. STATE

No. 62737.

609 S.W.2d 782 (1980)

Donald Ray MORRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied January 14, 1981.


Attorney(s) appearing for the Case

Malcolm Dade, Dallas, Mack Barnhart, Gainesville, for appellant.

Jerry Spencer Davis, Dist. Atty., Greenville, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and TOM G. DAVIS, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. After the jury found appellant guilty, the court assessed punishment at thirty-five years.

In his first ground of error, appellant maintains that the court's charge to the jury is fundamentally defective because it authorized a conviction on a theory not alleged in the indictment. Appellant filed a written objection to the court's charge which complained of "the...

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