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DEITCH v. STATE

No. 60591.

617 S.W.2d 695 (1981)

Julius L. DEITCH, Appellant, v. The STATE of Texas, Appellee.

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

June 24, 1981.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Ned Morris, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, DALLY and TEAGUE, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of voluntary manslaughter; the punishment is imprisonment for twenty years.

The appellant urges in a supplemental brief that the trial court's charge contains fundamental error, in that it authorizes a conviction for the lesser included offense of voluntary manslaughter on a theory of murder that is not alleged in the indictment...

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