Young v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter on an indictment for murder. Punishment was assessed at five years.

At the outset we note fundamental error that must be considered in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment in this case alleged that appellant did:

“... knowingly and intentionally cause the death of an individual, James Graham, by shooting him with a gun.”

This alleged murder under V.T.C.A., Penal Code Sec. 19.02(a)(1).

In the court’s submission of the lesser included offense of voluntary manslaughter, in the paragraph…