Alexander v. State

I dissent. The majority conveniently fails to point out the recent cases of this Court which demonstrate that the type of error that is self-evident from a comparison of the indictment and the trial court’s charge is one reviewable in the interest of justice absent trial or appellate objection. Robinson v. State, 553 S.W.2d 371 (Tex.Cr.App.); Jones v. State, 566 S.W.2d 939 (Tex.Cr.App.); Edmond v. State, 566 S.W.2d 609 (Tex.Cr.App.); Smith v. State, 570 S.W.2d 958 (delivered September 20, 1978); Armstead v. State, 573 S.W.2d 231 (delivered November 15, 1978).

As in the above cases, the…