holding that defendant was not entitled to charge on lesser-included offense of aggravated assault when only evidence was that the victim saw defendant run off with a woman’s purse, the victim gave chase, and the defendant slashed at him with a knife
How later courts described this case
- holding that defendant was not entitled to charge on lesser-included offense of aggravated assault when only evidence was that the victim saw defendant run off with a woman’s purse, the victim gave chase, and the defendant slashed at him with a knife
- explaining that, depending upon the facts proven, aggravated assault can be a lesser included offense of aggravated robbery
- explaining that depending upon facts proven, aggravated assault can be lesser included offense of aggravated robbery
- holding adopted by majority of court in Aguilar v. State, 682 S.W.2d 556 (Tex.Crim.App.1985)
Written by the judges who cited it.
The opinion
DALLY, Judge,
concurring.
I cannot agree that the Daywood-MeBrayer rule is correct. I adhere to my views and the test set out on original submission.
ODOM, J., joins.