Moring v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for murder, wherein the jury assessed punishment at fifty (50) years.

In his sole ground of error, appellant contends that the trial court fundamentally erred in its charge to the jury, in that the charge authorized conviction for murder on a theory not alleged in the indictment. We agree. V.T.C.A. Penal Code, Sec. 19.02, provides that:

“(a) A person commits an offense if he:(1) intentionally or knowingly causes the death of an individual;(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life…