Ramos v. State

OPINION

SEERDEN, Justice.

Appellant was convicted of voluntary manslaughter following a jury trial on his plea of not guilty to charges of murder and carrying a weapon on licensed premises. The jury assessed his punishment at fifteen years and one day in the Texas Department of Corrections.

Appellant’s first ground of error is that the trial court erred by overruling appellant’s motion for instructed verdict because the indictment charged the killing of Hilario Cervantes and the proof showed the killing of Hilario Roquis. Article 21.07 of the Texas Code of Criminal Procedure (Vernon 1966)…