HALL v. STATE

No. PD-1594-02.

225 S.W.3d 524 (2007)

Aaron Junior HALL, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied June 27, 2007.


Attorney(s) appearing for the Case

Sue Korioth, Dallas, for Appellant.

Anne Wetherhold, Asst. District Atty., Dallas, Matthew Paul, State's Atty., Austin, for State.

WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, JOHNSON, and COCHRAN, JJ., joined.


An important issue in this case was whether the offense of aggravated assault by threat is a lesser-included offense of murder. We granted review to resolve ambiguities and conflicts in our decisions about the method of determining whether the allegation of a greater offense includes a lesser offense. We hold that the determination should be made by comparing the elements of the greater offense, as the State pled it in the indictment, with the elements in the statute that...

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