DUKE v. STATE

No. 01-96-00521-CR.

950 S.W.2d 424 (1997)

James Michael DUKE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 24, 1997.


Attorney(s) appearing for the Case

Robert Morrow, Spring, for Appellant.

John B. Holmes, Kimberly Aperauch Stelter, Houston, for Appellee.

Before TAFT, COHEN and O'CONNOR, JJ.


OPINION

TAFT, Justice.

A jury found appellant, James Michael Duke, guilty of capital murder. The State did not seek the death penalty, so the trial court automatically assessed life imprisonment. We address whether the trial court reversibly erred by charging the jury that appellant could be found guilty of capital murder if he intended to aid in "the offense," where "the offense" was erroneously identified as robbery, instead of capital murder, in an obverse...

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