Vernon Jones v. State Texas

The record is before us without a transcription of the court s. No brief was filed in the trial court pursuant to Art. 40.09(9), Vernons Ann.C.C.P., and none has been filed here. Nevertheless, we must reverse the judgment below, because the trial court, in applying the law to the facts in his charge to the jury, authorized them to convict appellant on a theory not alleged in the indictment. See Art. 40.09(13), Vernons Ann.C.C.P.