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BERGHAHN v. STATE

No. 125-84.

683 S.W.2d 697 (1984)

Arthur Henry BERGHAHN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 30, 1985.

Attorney(s) appearing for the Case

Charles E. Perry, Wichita Falls, Bruce A. Martin, Iowa Park, for appellant.

Harold Lerew, County Atty., Timothy D. Eyssen, Dist. Atty., and Barry L. Macha, Asst. Dist. Atty., Wichita Falls, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of murder. The Court of Appeals, 660 S.W.2d 877, found fundamental error in the charge and reversed the conviction. We granted the State's petition for review to consider the issue.

The verdict form attached to the charge included alternatives for the jury to find appellant guilty of murder, voluntary manslaughter, involuntary...

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