Thus, according to appellant, the jury was authorized to convict appellant under a theory not included in the indictment. For supporting authority, appellant relies upon Jeffcoat v. State, 644 S.W.2d 719 (Tex.Crim.App. 1982); Ward v. State, 615 S.W.2d 752 (Tex.Crim.App. 1981); Infante v. State, 612 S.W.2d 603 (Tex.Crim.App. 1981); Young v. State, 605 S.W.2d 550 (Tex.Crim.App. 1980); and Garcia v. State, 574 S.W.2d 133 (Tex.Crim.App. 1978). We note initially that the defendant was not charged with capital murder in any of the cases relied upon by appellant.
Appellant cites numerous cases holding that a trial court commits reversible error by submitting a charge allowing conviction of murder on a finding that the accused caused death by committing an act clearly dangerous to human life when the defendant is under indictment for intentional killing. E.g., Ward v. State, 615 S.W.2d 752, 753 (Tex.Crim.App. 1981). However, it is clear these authorities deal only with murder and not with capital murder.
Colbert v. State, supra; Ward v. State, 615 S.W.2d 752 (Tex.Cr.App. 1981). In view of our holding on fundamental error, appellant's other errors need not be reached.