Scott v. State

A fair application of Blankenship v. State, 785 S.W.2d 158, 159-60 (Tex.Crim.App.1990), and article 21.07 of the Code of Criminal Procedure would authorize the jury to convict Scott of assaulting Roy Gann, who testified that he was assaulted and that he had been called Ray Gann in the past. If evidence exists that the victim was known by the name alleged in the indictment, then the issue is raised and is properly left for the jury to determine. Brown v. State, 843 S.W.2d 709, 712 (Tex.App.—Dallas 1992, no pet.) (citing Blankenship); Stahley v. State, 814 S.W.2d 415, 417 (Tex.App.—Dallas 1991,…