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CHEW v. STATE

No. 05-81-00438-CR.

639 S.W.2d 27 (1982)

Earl Douglas CHEW, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

August 13, 1982.

Attorney(s) appearing for the Case

Richard Alan Anderson, Dallas, for appellant.

Henry Wade, Dist. Atty., Kris Weaver, Asst. Dist. Atty., for appellee.

Before ROBERTSON, STEPHENS and VANCE, JJ.

VANCE, Justice.

Appellant was indicted1 and tried for murder. A jury after finding him guilty of the lesser included offense of aggravated assault, assessed his punishment at confinement for five years.

On appeal a single ground of error is asserted. Appellant contends that the trial court committed error in its charge during the guilt/innocence phase of the trial, in that it charged on a theory not alleged in the indictment. We...

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