Wray v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

A jury found appellant guilty of murder and assessed 20 years. 1 The Texarkana Court of Appeals affirmed in a published opinion. Wray v. State, 642 S.W.2d 27 (Tex.App.1982). The Court of Appeals held that the evidence was sufficient to prove the underlying felony of aggravated assault, that the variance between the pleading and the proof did not surprise or mislead appellant to his prejudice, that the felony murder merger doctrine is inapplicable to the case, and that alleged fundamental error in the charge could not…