Cane v. State

OPINION

Appellant was convicted of aggravated kidnapping, and subsequently perfected appeal to this court. We reversed the conviction in a published opinion. Cane v. State, 698 S.W.2d 366 (Tex.App.—Beaumont 1984). We reversed because the court included in its charge to the jury “Objectives of Law” which were a portion but not all of the preamble to the Penal Code contained in TEX.PENAL CODE ANN sec. 1.02 (Vernon 1974). The State then perfected appeal to the Court of Criminal Appeals in which a majority held that we erred and that it was discretionary on the part of the trial judge.

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