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McKINNEY v. STATE

No. 06-99-00014-CR.

12 S.W.3d 580 (2000)

Cyrus Silas McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided January 13, 2000.

Attorney(s) appearing for the Case

Gary L. Waite, Paris, for appellant.

Kerye Ashmore, Lamar County Attys. Office, Karla R. Baugh, Asst. County Atty., Paris, for appellee.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

Opinion by Justice GRANT.

Cyrus Silas McKinney was charged with aggravated assault. After trial by jury as to both guilt/innocence and punishment, he was convicted of the lesser included offense of assault and sentenced to serve 365 days in the county jail, and to pay a fine of $4,000.

On appeal, McKinney contends the trial court erred in failing to submit the defendant's requested charge on culpable...

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