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McKITHAN v. STATE

Nos. PD-0969-09, PD-0811-09.

324 S.W.3d 582 (2010)

Julian Mars McKITHAN & Ralph Franklin Welsh, Appellants, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 10, 2010.

Attorney(s) appearing for the Case

Robert Morrow , The Woodlands, for Julian Mars McKithan.

Mary B. Thornton , Forth Worth, for Ralph Franklin Welsh.

Eric Kugler , Asst. D.A., Houston, Jeffrey L. Van Horn , State's Attorney, Austin for Julian Mars McKithan.

Kimberly Colliet Wesley , Asst. Crim. D.A., Fort Worth, Jeffrey L. Van Horn , State's Attorney, Austin, for Ralph Franklin Welsh.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

In these consolidated cases, we address whether, under the cognate-pleadings approach of the step-one lesser-included-offense analysis set out in our decision in Hall v. State, 225 S.W.3d 524 (Tex.Cr.App. 2007), offensive-contact assault1

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