Court of Criminal Appeals of Texas February 23, 1977, No. 53092 (Daniel v. State)

lead-opinion

OPINION

ODOM, Judge.

Appellant was convicted of theft. Punishment was assessed at four years.

We are met at the outset with fundamental error that requires consideration in the interest of justice. Art. 40.09(13), V.A.C. C.P.

The indictment alleges in relevant part that appellant:

“. . .