Hutchins v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated robbery, wherein a jury as sessed punishment at fifteen years confinement.

In a pro se ground of error, appellant contends that the court’s charge to the jury was fundamentally defective in that it provided an alternative culpable mental state, although such was not alleged in the indictment. We agree.

The indictment, in pertinent part, alleged that appellant,

“did then and there while in the course of committing theft and with intent to obtain and maintain control of property of James Schlemmer, to wit: United States…