Blanco v. State

OPINION

DOYLE, Justice.

The appellant was convicted of aggravated rape and assessed a punishment of five years confinement.

In grounds of error one and two the appellant contends that the trial court committed fundamental error in charging the jury on a theory not alleged in the indictment, and by such charge, authorized the jury to convict the appellant of aggravated rape on only a showing of rape.

The indictment charged the appellant as follows:... that in Harris County, Texas AUGUSTINE JUNIOR BLANCO, hereafter styled the Defendant, heretofore on or about August 11,1980, did then and there…