Jackson v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING EN BANC

ROBERTS, Judge.

We granted appellant’s pro se motion for leave to file a motion for rehearing in order to consider the contentions raised in his supplemental brief, which we inadvertently failed to consider on original submission. One of the contentions raised in that brief is that the court’s charge was fundamentally erroneous because it allowed the jury to convict appellant upon a theory not alleged in the indictment. We agree with this contention and reverse the judgment.

The pertinent part of the indictment alleges that appellant

“did then…