# MacDonald v. State

> Court of Appeals of Texas · February 22, 1989 · 761 S.W.2d 56

URL: https://www.frixlaw.com/law-library/cases/9644436

## Case

- **Full name:** Ricky Darnell MacDONALD, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** February 22, 1989
- **Citations:** 761 S.W.2d 56; 1988 WL 108754
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Murphy, Robertson
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9644436

## Opinion text

J. CURTISS BROWN, Justice,
dissenting.
I respectfully dissent.
Appellant’s point that the lesser included offense of assault presents a jury question which should have been submitted to the trier of fact is well founded. The jury was entitled to pick and choose between parts of the testimony. A combination of the officer’s evidence of assault and the defendant’s denial of knowledge of the police officer’s status was sufficient to raise the lesser included offense of assault. If evidence from any source raises the issue of a lesser included offense it must be included in the charge. Ojeda v. State, 712 S.W.2d 742, 744 (Tex.Crim.App.1986).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644436. Public record. Not legal advice.