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JOHNSON v. STATE

No. 10-02-015-CR.

91 S.W.3d 413 (2002)

Lee Paul JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 3, 2003.

Attorney(s) appearing for the Case

Stan Schwieger, Law Office of Stan Schwieger, Waco, for Appellant.

John W. Segrest, McLennan County District Attorney, James Wiley, McLennan County Asst. District Attorney, Waco, for Appellee.

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

OPINION

BILL VANCE, Justice.

This case concerns how the element "deadly weapon" in an aggravated assault offense should be alleged in an indictment, how that allegation relates to the State's burden of proof, and "variance" law. A jury convicted Lee Paul Johnson of aggravated assault against his wife and assessed punishment at fifty-five years in prison. Tex. Pen.Code Ann. § 22.02(a)(2) (Vernon 1997).

Johnson contends on appeal that the indictment...

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