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
CLINTON, Judge,
dissenting.
For the reasons given in my dissenting opinion on original submission, I continue to urge careful reexamination of the “guilty only” test of Daywood-McBrayer and, therefore, dissent to its application here.
ROBERTS and TEAGUE, JJ., join.