Chew v. State

VANCE, Justice.

Appellant was indicted 1 and tried for murder. A jury after finding him guilty of the lesser included offense of aggravated assault, assessed his punishment at confinement for five years.

On appeal a single ground of error is asserted. Appellant contends that the trial court committed error in its charge during the guilt/innocence phase of the trial, in that it charged on a theory not alleged in the indictment. We disagree, and thus affirm.

The evidence reveals that during the evening hours, on February 8, 1980, the appellant and several other men were in the kitchen area of a…