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MANN v. STATE

No. 2-94-333-CR.

937 S.W.2d 56 (1996)

Richard Paul MANN, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 6, 1997.

Attorney(s) appearing for the Case

Edwin J. Seilheimer, Walton, Brown, Walton, Seilheimer, et al., Granbury, for Appellant.

Richard Hattox, District Attorney, Granbury, for Appellee.

Before DAY, DAUPHINOT and RICHARDS, JJ.

OPINION

RICHARDS, Justice.

The issue in this case is whether we should apply the Almanza "egregious harm" test or the rule 81(b)(2) "harmless beyond a reasonable doubt" test to an unobjected-to jury instruction that implicates federal constitutional rights. A jury convicted appellant Richard Paul Mann of aggravated assault with an affirmative finding on the use of a deadly weapon. Mann was sentenced to twenty years in prison and a $5,000 fine. Mann...

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