WALLACE v. STATE

No. 68434.

679 S.W.2d 1 (1983)

Donald Eugene WALLACE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied October 31, 1984.


Attorney(s) appearing for the Case

Gus A. Saper, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Ray Elvin Speece and Chris Hanger, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION

CAMPBELL, Judge.

This is an appeal from a conviction for attempted capital murder. Punishment was assessed by the jury at twenty years imprisonment in the Texas Department of Corrections and a $5,000 fine. The appellant asserts in three grounds of error that the evidence is insufficient to support his conviction, the trial court erred in failing to charge the jury on the lesser included offense of aggravated assault, and the trial court erred in...

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