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DIAZ v. STATE

No. 10-97-120-CR.

994 S.W.2d 374 (1999)

Jimmy DIAZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

June 9, 1999.

Attorney(s) appearing for the Case

Leora Teicher Kahn, Terrence Gaiser, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Kelly Ann Smith, Mia Magness, Asst. Dist. Attys., Houston, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice MALONEY.

OPINION

FRANK MALONEY, Justice (Retired).

Appellant was indicted for the offense of aggravated assault. The indictment charged that appellant unlawfully, intentionally and knowingly caused serious bodily injury to the complainant (naming him), by striking the complainant with a pool cue. TEX. PEN.CODE ANN. § 22.02 (Vernon 1994). Appellant was found guilty by the jury "as charged in the indictment." At the...

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