SHANNON v. STATE

No. 6-83-007-CR.

683 S.W.2d 819 (1984)

Thomas Andrew SHANNON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

December 18, 1984.


Attorney(s) appearing for the Case

Bill Pemberton, Joe Weis, Greenville, for appellant.

F. Duncan Thomas, Dist. Atty., Greenville, for appellee.


BLEIL, Justice.

The State tried Thomas Shannon, Jr., for the offense of aggravated robbery but the jury convicted him of the lesser included offense of robbery. His appeal hinges on whether the court's charge failed to apply the law to the facts of this case and, if so, whether that failure constitutes fundamental error. We would resolve these issues in favor of the State and affirm were it not for a recent decision of...

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