Holman v. State

OPINION

BASS, Justice.

At a jury trial, appellant was convicted of attempted murder, and punishment was assessed at five years confinement.

We reverse and remand for a new trial.

In his first ground of error, appellant contends that the court’s charge at the guilt-innocence phase of the trial was fundamentally defective because it failed to require the jury to find that appellant “attempted to cause the death of [W.L.] by intentionally shooting [him] with a gun”, as was charged in the indictment.

To determine whether the charge is fundamentally defective we look to that part applying the law to…