Bentacur v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of murder on a jury verdict.

At the outset we are confronted with fundamental error in the charge to the jury that requires reversal in the interest of justice. Article 40.09(13), V.A.C.C.P.

Omitting the formal parts, the indictment charged that appellant did:

“ . . . intentionally and knowingly cause the death of an individual, Dionicio Garcia, by shooting him with a gun.”

In applying the law to the facts in its charge to the jury, however, the trial court charged:

“Now if you should find and believe from the evidence…