Stewart v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of murder wherein the jury assessed punishment at confinement in the Texas Department of Corrections for a term of years.

At the outset we are met with appellant’s contention that the trial court erred in that its jury charge authorized a conviction for murder on a theory not alleged in the indictment. We agree and, accordingly, must reverse the judgment below.

The indictment in pertinent part alleged that appellant did:

“ . . . intentionally and knowingly cause the death of Shirdie Tates by cutting and stabbing him with a…