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HARRELL v. STATE

No. 09-83-169-CR.

679 S.W.2d 612 (1984)

Lee Archie HARRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

August 30, 1984.

Attorney(s) appearing for the Case

Jim Skelton, Houston, for appellant.

Joe Price, Groveton, for appellee.

OPINION

DIES, Chief Justice.

Appellant was convicted of murder by a jury and given a twelve-year sentence in the Texas Department of Corrections by the jury. Appellant has perfected appeal to this Court on two grounds of error. The first ground follows:

"The court's charge to the jury is fundamentally defective as it provides an alternative culpable mental state not alleged in the indictment." ...

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