Morris v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. After the jury found appellant guilty, the court assessed punishment at thirty-five years.

In his first ground of error, appellant maintains that the court’s charge to the jury is fundamentally defective because it authorized a conviction on a theory not alleged in the indictment. Appellant filed a written objection to the court’s charge which complained of “the use of the words ‘threaten or’ ... for the reason that it permits [a] conviction on a theory not alleged in the indictment.” The objection was…