Ward v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction in which the punishment assessed by the jury is ninety nine years.

Initially we observe a matter which must be addressed in the interest of justice. See Article 40.09, § 13, V.A.C.C.P.

The indictment returned against appellant in this cause alleged that he did,

“intentionally and knowingly cause the death of Donald Ray Weaver by shooting him with a gun.”

However, in applying the law to the facts of the case, the trial court authorized the jury to return a verdict of guilty if they found from the evidence beyond a reasonable doubt that,

“on…