Fowler v. State

Regretfully, I must only concur. Once again this court sees a case where a court has failed to track the indictment in the application paragraph of a jury charge, yet the majority finds no error. I believe this was error, see Bishop v. State, 914 S.W.2d 200, 202 (Tex.App.-Beaumont 1995, pet. ref'd), and we should have conducted an Almanza harm analysis, as mentioned by the majority in their footnote one. See Chavis v. State, 807 S.W.2d 375, 378 (Tex.App.-Houston [14th Dist.] 1991, pet. ref'd).

*312Upon such an analysis, the uncontested evidence was that Fowler and the victim were not married.…