OPINION ON APPELLANT’S MOTION FOR REHEARING
ONION, Presiding Judge.On original submission, the panel opinion overlooked an error in the court’s charge to the jury at the guilt-innocence stage, which error requires our review in the interest of justice.
The indictment in this cause, as here pertinent, alleged that in Harris County on or about April 30, 1977, appellant
“. . . did then and there unlawfully while in the course of committing theft of property owned by REbecea [sic] White, hereafter styled the Complainant, and with intent to obtain and maintain control of the property, using and exhibiting a deadly weapon, namely, a pistol, intentionally and knowingly cause serious bodily injury to the Complainant.”
In the course of putting on its evidence, the State showed that appellant acted together with a person known only as “Manuel,” and that the two conspired to and did abduct the complainant, and that the aggravated robbery took place in the course of the abduction. In charging the jury, the trial court accurately defined the statutory *332terms “robbery,” “aggravated robbery,” “in the course of committing theft,” “attempt,” “bodily injury,” “deadly weapon,” “theft,” “appropriation” and “appropriate,” “property,” “deprive,” “effective consent,” “owner,” “possession,” “abduct,” “restrain,” and “without consent.” Also, definitions were given of the culpable mental states of “intentionally,” “knowingly,” and “recklessly” committing an act. There were also instructions on the law of criminal responsibility for the conduct of another, and the law of conspiracy. No complaint is made as to any of these definitions.
In applying the law to the facts, the trial court gave the following instruction:
“Now, if you find from the evidence beyond a reasonable doubt that Thomas Jefferson Wilson, Jr. and Manuel entered into a conspiracy to abduct Rebecca White, and pursuant thereto, they did carry out, or attempt to carry out such conspiracy, if any, to abduct Rebecca White in that on or about the 30th day of April 1977, in Harris County, Texas, while in the course of committing such abduction, if any, of Rebecca White, Manuel did, without the effective consent of Rebecca White, while in the course of committing theft of property owned by Rebecca White, and with the intent to obtain and maintain control of the property, intentionally or knowingly or recklessly cause bodily injury to Rebecca White and if you further find from the evidence beyond a reasonable doubt that in so doing the foregoing acts, if you do so find, Manuel used or exhibited a deadly weapon, namely, a pistol, and that the defendant, Thomas Jefferson Wilson, Jr., pursuant to said conspiracy, if any, with the intent to promote and assist and aid Manuel in the commission of said abduction, if any, then and there, at the time of the taking of the property, if any, was acting with and aiding the said Manuel in the execution or attempted execution of said abduction of Rebecca White, if any, and that the taking of the property, if any, of Rebecca White following in the execution of the conspiracy, if any, and in furtherance of the unlawful purpose, if any, of Thomas Jefferson Wilson, Jr. and Manuel, to abduct Rebecca White and that the taking of the property if there was such, was done in furtherance of the conspiracy to abduct, if any, and the abduction or attempt to abduct, if any, and was an offense that should have been anticipated as a result of the carrying out of the conspiracy, then you will find the defendant, Thomas Jefferson Wilson, Jr., guilty of aggravated robbery.
“Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant, Thomas Jefferson Wilson, Jr. of aggravated robbery.
“Before you would be warranted in convicting the defendant, Thomas Jefferson Wilson, Jr. of aggravated robbery, you must find from the evidence beyond a reasonable doubt not only that Thomas Jefferson Wilson, Jr. and Manuel, on the occasion in question, were engaged in the commission of the felony offense of abduction of Rebecca White, as defined in this charge, or attempted abduction of Rebecca White, that also during the commission of the abduction, if any, Manuel did, without the effective consent of Rebecca White, while in the course of committing theft of property owned by Rebecca White, and with intent to obtain and maintain control of the property, intentionally or knowingly or recklessly cause bodily injury to Rebecca White, and if you further find from the evidence beyond a reasonable doubt that in so doing the foregoing acts, if you do so find, Manuel used or exhibited a deadly weapon, namely, a pistol. If you have a reasonable doubt thereof, you will acquit Thomas Jefferson Wilson, Jr. of aggravated robbery as charged in the indictment.
“You are further instructed that if you believe that Thomas Jefferson Wilson, Jr. was not acting together with the said Manuel in abducting or attempting to abduct Rebecca White, if he did, or that Thomas Jefferson Wilson, Jr. had not previously entered into a conspiracy with the said Manuel to abduct or attempt to *333abduct the said Rebecca White, if they did, or if you have a reasonable doubt thereof, you will acquit the defendant, Thomas Jefferson Wilson, Jr.” (Emphasis supplied.)
Appellant’s contention is that the culpable mental state of “recklessly” was not alleged in the indictment, and that the charge of the court, in authorizing conviction upon proof of a lesser culpable mental state than those alleged in the indictment, was fundamentally defective.
Obviously, the indictment alleged the commission of robbery under V.T.C.A., Penal Code, § 29.02(a)(1), which was aggravated by the causing of serious bodily injury, Id., § 29.03(a)(1), and by using and exhibiting a deadly weapon, Id., § 29.03(a)(2). In Lampkin v. State, 607 S.W.2d 550 (Tex.Cr. App.1980), it was held that the court’s charge was fundamentally defective, inter alia, in authorizing the jury to convict upon proof that the defendant “knowingly, intentionally, or recklessly” caused serious bodily injury to the complainant, when the indictment had alleged only that the injury was committed “intentionally and knowingly.” See also Hutchins v. State, 590 S.W.2d 710 (Tex.Cr.App.1979); Hawkins v. State, 579 S.W.2d 923 (Tex.Cr.App.1979); Jackson v. State, 576 S.W.2d 88 (Tex.Cr.App.1979), all of which found fundamental error in a variance between the indictment’s allegation of “knowingly and intentionally” threatening and placing the victim in fear of imminent bodily injury or death, the alternative means of committing robbery under V.T. C.A., Penal Code, § 29.03(a)(2), and a charge which authorized conviction upon a finding that the defendant “knowingly, intentionally, or recklessly” threatened or placed the victim in fear.
Accordingly, the motion for rehearing is granted, and the judgment is reversed and the cause remanded.
ROBERTS, J., concurs in the result.