MARKHAM v. STATE

No. 04-81-00118-CR.

635 S.W.2d 153 (1982)

Benjamin MARKHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

April 21, 1982.


Attorney(s) appearing for the Case

David Chapman, San Antonio, for appellant.

Bill White, Dist. Atty., Alan E. Battaglia, Asst. Dist. Atty., San Antonio, for appellee.

Before CADENA, C. J., and BUTTS and CLARK, JJ.


OPINION

BUTTS, Justice.

This is an appeal from a conviction for aggravated assault. A jury found appellant guilty and assessed punishment at ten years' imprisonment.

Appellant attacks the court's charge to the jury in his first ground of error. Asserting fundamental error for the first time on appeal, he argues that the court's charge fails to include the necessary culpable mental states as alleged in the indictment. The indictment, in pertinent...

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