Padgett v. State

OPINION

BUTTS, Justice.

This is an appeal from a conviction for aggravated kidnapping. After a jury found appellant guilty, the trial court found both enhancement allegations in the indictment to be true and assessed his punishment at life imprisonment.

Appellant challenges the verdict by four grounds of error. We sustain his fourth ground: that a jury charge on the lesser included offense of kidnapping should have been given. We therefore reverse and remand the case to the trial court.

The indictment in this case alleges, in pertinent part:... on or about the 13th day of August, 1980, CHARLES…