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DANIELS v. STATE

No. 10-08-00337-CR.

313 S.W.3d 429 (2010)

Danny Eugene DANIELS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 30, 2010.

Attorney(s) appearing for the Case

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

John W. Segrest, McLennan County Dist. Atty., Waco, for Appellee.

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

OPINION

FELIPE REYNA, Justice.

A jury convicted Danny Eugene Daniels of murder and assessed his punishment at life imprisonment and a $10,000 fine. Daniels contends in his sole issue that the court erred by refusing to charge the jury on the lesser-included offense of deadly conduct. We will affirm.

The indictment charged Daniels with intentionally or knowingly causing the death of Michael Evans "by shooting him with a firearm" or alternatively by...

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