Court of Criminal Appeals of Texas

Donald Ray Cumbie, Appellant v. the State of Texas, Appellee

March 28, 19791979 Tex. Crim. App. LEXIS 1814

Summary

The Court of Criminal Appeals of Texas affirmed the trial court's judgment, holding that the jury charge errors alleged by the appellant did not constitute fundamental error. Specifically, the addition of "or death" to the threat element did not enlarge the indictment, and describing the property as "the property as alleged in the indictment" was deemed sufficient.