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GALLEGOS v. STATE

No. 52992.

548 S.W.2d 50 (1977)

Augustin GALLEGOS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1977.

Attorney(s) appearing for the Case

Bruce J. Ponder, El Paso, for appellant.

George N. Rodriquez, County Atty., J. Todd Southern, Asst. County Atty., El Paso, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

Appellant was convicted of the offense of reckless conduct by a jury in County Court at Law # 2 of El Paso County. The court assessed punishment at confinement in the county jail for 180 days, probated for six months.

Appellant's sole ground of error is that the court erred in overruling his objection to the court's charge because the court failed to charge on the offense of assault which appellant contends is a lesser...

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