Smith v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for unlawful possession of a firearm by a felon. 1 Upon a plea of not guilty, appellant was convicted by a jury which assessed punishment at eight years’ imprisonment.

We are confronted at the outset with fundamental error in the jury charge that requires reversal in the interest of justice. Article 40.09(13), Vernon’s Ann. C.C.P.; Article 36.19, Vernon’s Ann. C.C.P.

The record reflects that on September 8, 1970, an indictment was filed in the Criminal District Court No. 5 of Dallas County charging appellant with the offense of robbery…