London v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The record reflects that prior to this case going to the jury, the State, through the District Attorney, elected “to go on Count Two of the indictment in Cause Number 10,288.” The jury was only charged on that count of the indictment, which was unnumbered. The jury found appellant guilty of that count of the indictment, which alleged in pertinent part as follows:

And the aforesaid Grand Jurors do further present to the aforesaid Court upon their aforesaid oaths that the Defendant did in Hopkins County, Texas, on or about the…