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OLIVER v. STATE

No. 2-82-192-CR.

651 S.W.2d 384 (1983)

George Raymond OLIVER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

May 4, 1983.

Attorney(s) appearing for the Case

Newman, Martin & Dodd and Bruce A. Martin, Iowa Park, for appellant.

Timothy D. Eyssen, Dist. Atty., Wichita Falls, for State.

Before FENDER, C.J., and ASHWORTH and SPURLOCK, JJ.

OPINION

FENDER, Chief Justice.

Appellant was convicted by a jury of the offense of murder. V.T.C.A. Penal Code, § 19.02. The jury assessed punishment at 99 years. At the outset, we confront unassigned fundamental error in the jury charge on guilt or innocence.

We reverse and remand.

The court instructed the jury in pertinent part as follows:

If you find from the evidence beyond a reasonable doubt that on or about the 8th day...

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