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BUTLER v. STATE

No. PD-0838-05.

189 S.W.3d 299 (2006)

Bobby Gene BUTLER, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 12, 2006.

Attorney(s) appearing for the Case

William E. Trantham, Denton, for Appellant.

Charles E. Orbison, Asst. Criminal District Atty., Denton, Matthew Paul, State's Atty., Austin, for State.

OPINION

JOHNSON, J., delivered the opinion for a unanimous Court.

Appellant was charged by information with the misdemeanor offense of assault — family violence in violation of TEX. PENAL CODE § 22.01(a)(1).1 The complaint and information alleged Class A misdemeanor assault. The affidavit in support of the complaint included all the facts needed to allege assault — family violence. Testimony during his...

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