Peterson v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for the offense of aggravated robbery. V.T.C.A., Penal Code, Sec. 29.02. The jury assessed punishment at 35 years.

Appellant initially complains of fundamental error in the jury charge. Appellant contends that the court’s charge authorized conviction on a theory not alleged in the indictment.

The indictment in the instant case alleges that the appellant committed the offense of aggravated robbery by “. . . then and there by using and exhibiting a deadly weapon, to-wit: a firearm, intentionally and knowingly threaten and place the said…