LANG v. STATE

No. 05-81-00776-CR.

642 S.W.2d 68 (1982)

Raymond LANG, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Granted February 2, 1983.


Attorney(s) appearing for the Case

Mel Bruder, Dallas, for appellant.

Henry M. Wade, Dist. Atty., R.K. Weaver, Asst. Dist. Atty., for appellee.

Before GUITTARD, C.J., and SPARLING and VANCE, JJ.


GUITTARD, Chief Justice.

Raymond Lang was convicted by a jury of theft of a ring. He complains that the charge was fundamentally defective and that the evidence is insufficient to support the verdict. Although we find that the evidence is sufficient, we conclude that a reversal is required because the charge is fundamentally erroneous in authorizing conviction on a theory not alleged in the indictment.

Facts

The complaining witness, Cathy...

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