Jones v. State

OPINION

ROBERTS, Judge.

Appellant was convicted by a jury for aggravated robbery. The jury assessed punishment at imprisonment for 15 years.

The record is before us without a transcription of the court reporter’s notes. No brief was filed in the trial court pursuant to Art. 40.09(9), Vernon’s Ann.C.C.P., and none has been filed here. Nevertheless, we must reverse the judgment below, because the trial court, in applying the law to the facts in his charge to the jury, authorized them to convict appellant on a theory not alleged in the indictment. See Art. 40.-09(13), Vernon’s Ann.C.C.P.

The…