Allen v. State

OPINION

KENNEDY, Justice.

Appellant was convicted by a jury of burglary of a habitation as defined in Tex. Penal Code Ann. § 30.02 (Vernon 1974). The indictment alleged that while in the habitation, appellant committed the offense of aggravated assault. The jury assessed punishment at confinement of 5 years. We affirm.

By two grounds of error, appellant maintains that there is insufficient evidence of serious bodily injury as that term is defined in Tex.Penal Code Ann. § 1.07(a)(34) (Vernon 1974) and that the trial court erred in refusing a requested instruction relating to an intervening causal…