OPINION
DOYLE, Justice.
The appellant was convicted of aggravated rape and assessed a punishment of five years confinement.
In grounds of error one and two the appellant contends that the trial court committed fundamental error in charging the jury on a theory not alleged in the indictment, and by such charge, authorized the jury to convict the appellant of aggravated rape on only a showing of rape.
The indictment charged the appellant as...
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