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SCOTT v. STATE

No. 1154-95.

915 S.W.2d 505 (1996)

Anthony SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 14, 1996.

Attorney(s) appearing for the Case

Philp L. Cline, Fairfield, for appellant.

Don Cantrell, County Attorney, and Roy DeFriend, Asst. County Atty., Groesbeck, Robert A. Huttash, State's Atty., Austin, for the State.

Appellant's petition for discretionary review refused.

McCORMICK, Presiding Judge, dissenting.

Does the Constitution require an acquittal when the State alleges appellant committed an aggravated assault against "Ray" Gann but proves appellant committed an aggravated assault against "Roy" Gann, and the jury charge instructs the jury to convict if it found appellant committed an aggravated assault against "Ray" Gann? Because the majority refuses to grant the...

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