Berghahn v. State

I respectfully dissent.

The majority reverses this case because no form of verdict was provided for the jury to find the appellant “Not guilty,” and concluded this to be fundamental error as the court had instructed the jury that “suitable forms for your verdict are hereto attached.” Appellant made no objection to the charge. This case is one of first impression among reported cases in Texas.

Initially, I believed as did the majority that this error was obviously reversible. However, I found no authority to conclude *879that the failure of the trial court to charge completely was error, absent…