WILLIAMS v. STATE

No. 59989.

622 S.W.2d 578 (1981)

Herman L. WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied November 4, 1981.


Attorney(s) appearing for the Case

Kevin Cunningham, Houston, for appellant.

Carol S. Vance, Former Dist. Atty. & John B. Holmes, Jr., Dist. Atty. & Timothy G. Taft, Mike Wilkinson & Michael Kuhn, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

TEAGUE, Judge.

Appellant, charged by indictment with committing attempted murder, appeals his conviction for aggravated assault, a lesser included offense, with punishment assessed by a jury at two years' confinement in the Texas Department of Corrections.

Appellant does not challenge the sufficiency of the evidence.

At the outset, we note fundamental error that must be considered in the interest of justice, see Art. 40.09, Sec. 13...

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