Infante v. State

OPINION

ODOM, Judge.

This is an appeal from convictions for murder. Both appellants were tried in a single action before a jury. Appellant Ismael Vasquez was sentenced to thirty years’ confinement; appellant Jose Luis In-fante was assessed punishment at fifteen years’ confinement.

Appellants contend 1 that the trial court committed fundamental error in authorizing the jury to convict if it found that the crime was committed in a manner not alleged in the indictment. The indictment alleged that both appellants,

“did then and there unlawfully, intentionally and knowingly kill Miguel Vasquez by…