McGee v. State
Cases that cite this one
3 later published cases cite this decision.
- Plunkett v. State (Tex. Crim. App. 1979)
- Lowry v. State (Tex. Crim. App. 1979)
- Cumbie v. State (Tex. Crim. App. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
*564 OPINION
This is an appeal from a conviction for aggravated robbery in which punishment was assessed at 15 years.
At the outset we note fundamental error that must be considered in the interest of justice. Art. 40.09(13), V.A.C.C.P. Although the indictment alleged robbery by intentionally and knowingly threatening and placing the complainant in fear of imminent bodily injury and death, by using and exhibiting a deadly weapon, namely, a pistol, in its charge to the jury applying the law to the facts, the court instructed the jury under all theories of culpability under V.T.C.A., Penal Code Secs. 29.02 and 29.03. It is now well established that such an enlargement in the charge upon the allegations in the indictment constitutes fundamental error. E. g., Robinson v. State, Tex.Cr.App., 553 S.W.2d 371; Davis v. State, Tex.Cr.App., 557 S.W.2d 303; Jones v. State, Tex.Cr.App., 566 S.W.2d 939.
The judgment is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.