Berghahn v. State

The reason for the decision of the Fort Worth Court of Appeals, as well in its conclusion as in its findings, is stated thusly:

“In this case, the court instructed the jury that ‘suitable forms for your verdict are hereto attached,’ and the only forms provided found the defendant guilty. Such action in effect amounted to an instruction by the court to find Ber-ghahn guilty. The error is fundamental and requires that the case be reversed and remanded for a new trial.”1 Berghahn v. State, 660 S.W.2d 877 (Tex. App. — Fort Worth 1983).

*702When this Court grants a petition for discretionary review, it…