SELMAN v. STATE

No. 07-81-0023-CR.

673 S.W.2d 623 (1984)

Sam SELMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

May 11, 1984.


Attorney(s) appearing for the Case

George L. Thompson, III, Thompson & Thomas, Lubbock, for appellant.

Jim Bob Darnell, Criminal Dist. Atty., Lubbock, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.


ON REMAND

REYNOLDS, Chief Justice.

On original submission, we reversed the judgment decreeing appellant Sam Selman's conviction for voluntary manslaughter because the court's charge was fundamentally defective for authorizing his conviction on a theory not alleged in the indictment, but we declined to entertain appellant's challenge to the sufficiency of the evidence until the jury has had the opportunity to evaluate it under correct instructions. Selman...

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