Ex parte McLemore

In Ex parte McLemore 717 S.W.2d 634 (Tex. Crim. App. 1986) the Court reasoned that, although he had been charged with murder,the jury found applicant guilty of the lesser included offense of voluntary manslaughter. That verdict means that the jury believed that applicant caused the death of an individual. In both the indictment and the application portion of the court's charge, the instrumentality of death was a handgun. Therefore, the jury found that a handgun was used. An affirmative finding of the use of a deadly weapon was made by the jury. 717 S.W.2d at 636.