Colbert v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for voluntary manslaughter. After finding appellant guilty, the jury assessed punishment at 12 years.

At the outset, we are confronted with unassigned error which requires reversal in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P. The record reflects that appellant had originally been indicted for murder, but the jury found him guilty of the lesser included offense of voluntary manslaughter. The indictment in the instant cause alleged in pertinent part that on February 5, 1976, appellant did:

“intentionally and knowingly…