A. E. M. v. State

CADENA, Justice.

Appellant seeks reversal of the judgment of the trial court declaring him a delinquent child. His principal complaint is based on the fact that under the court’s charge to the jury the jury was permitted to, and in fact did, base its finding that he had engaged in delinquent conduct on an offense not alleged in the State’s petition.

The State’s petition charged that appellant committed the offense of aggravated rape as defined in § 21.03, Tex.Penal Code Ann. (1974).

The trial court’s charge defined the offenses of rape, aggravated rape, assault, and aggravated assault. Appellant…