Andrade v. State

BOYD, Justice.

Appellant Jerald Salazar Andrade was convicted of voluntary manslaughter. The punishment was assessed by the jury at fifteen (15) years imprisonment.

In his first ground of error appellant alleges fundamental error in the court’s charge by authorizing conviction on the lesser included offense of voluntary manslaughter on a theory of murder not alleged in the indictment. We agree.

The indictment alleges, in pertinent part:

Jerald Salazar Andrade did then and there intending to cause serious bodily injury to an individual, Robert Flores Prado, commit an act clearly dangerous to human…