OPINION ON STATE'S MOTION FOR REHEARING
ONION, Presiding Judge.
The original panel opinion is withdrawn.
On original submission this conviction for deadly assault on a peace officer, where punishment was assessed at twenty (20) years' imprisonment, was reversed and remanded on grounds that the court's charge to the jury was fundamentally defective since it allowed the jurors to convict appellant on a theory not alleged in the indictment.
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