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ALMANZA v. STATE

No. 242-83.

686 S.W.2d 157 (1984)

Cipriano Ramon ALMANZA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing February 27, 1985.

Attorney(s) appearing for the Case

Lee Ann Dauphinot, Fort Worth, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall, Lee A. Joyner, Jr., Betty McCutchan and James J. Heinemann, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The Fort Worth Court of Appeals stated the following in Almanza v. State, 645 S.W.2d 885 (Tex.App.—Ft. Worth 1983):

Although many recent opinions have off-handedly dismissed the changing of `and' in the indictment to `or' in the court's charge, such approach is dangerous and usually fatal in matters where aggravation or

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