Almanza v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The Fort Worth Court of Appeals stated the following in Almanza v. State, 645 S.W.2d 885 (Tex.App. — Ft. Worth 1983):

Although many recent opinions have offhandedly dismissed the changing of ‘and’ in the indictment to ‘or’ in the court’s charge, such approach is dangerous and usually fatal in matters where aggravation or jurisdiction is involved. In the instant cause of aggravated rape the indictment joined the allegation of threats of death to the standard form allegation of rape by the word and. In the court’s charge,…