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DENSON v. STATE

No. 62128.

644 S.W.2d 742 (1983)

Harvey DENSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

February 2, 1983.

Attorney(s) appearing for the Case

Kenneth A. Back, Amarillo, court appointed on appeal, for appellant.

Tom Curtis, Dist. Atty., John Byron Reese, Steve Schiwetz, Asst. Dist. Attys., Amarillo, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P.J., and McCORMICK, J.

OPINION

McCORMICK, Judge.

Appellant was convicted of aggravated assault. Punishment was assessed at ten years and a fine of $5,000.00. The sufficiency of the evidence is not challenged.

In a single ground of error appellant complains that the court's charge authorized conviction on a theory not alleged in the indictment. The indictment, in pertinent part, alleged that appellant

"... did then and there knowingly and intentionally attempt...

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