Smith v. State

763 S.W.2d 836 (1988)

Spence Leon SMITH, Appellant,

v.

The STATE of Texas, Appellee.

No. 05-87-00690-CR.

Court of Appeals of Texas, Dallas.

November 16, 1988.

Rehearing Denied December 29, 1988.

Bruce Anton, Dallas, for appellant.

Sharon Batjer, Dallas, for appellee.

Before HOWELL, LAGARDE and KINKEADE, JJ.

LAGARDE, Justice.

Following a plea of not guilty, appellant was convicted by a jury of aggravated assault and assessed a punishment of six years' confinement and a $5,000 fine.

Appellant asserts three points of error; namely, (1) that there is a fatal variance between the name of the complainant as…