Selman v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was indicted for murder under V.T.C.A., Penal Code, § 19.02(2). The jury convicted him of voluntary manslaughter, and the court assessed his punishment at eight years’ imprisonment.

On direct appeal his conviction was reversed because the Amarillo Court of Appeals found the jury charge on voluntary manslaughter authorized conviction on a theory not charged in the indictment. Selman v. State, 627 S.W.2d 543 (Tex.App.1982—Amarillo). We granted the State’s Petition for Discretionary Review to determine the…