Watson v. State

McCORMICK, Judge.

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

We granted the State’s petition for discretionary review to examine the Court of Appeals’ holding that reversible error was committed when the trial court instructed the jury over appellant’s objection that they could convict appellant if they found he was acting either alone or as a party. Watson v. State, 660 S.W.2d 882 (Tex.App. —Fort Worth, 1983).

Appellant was alleged to have committed the offense of burglary of a habitation. The indictment in pertinent part reads as follows:

“... that one JIMMIE DAVIS WATSON ... did then…