Kilpatrick v. State

Sears, Presiding Justice.

Appellant Forrest Lamar Kilpatrick appeals his convictions for murder and aggravated assault. We conclude that the trial court erred by instructing the jury that aggravated assault may be committed by either one of two methods when the indictment charged that crime was committed by one specific method. However, having reviewed the record, we determine that there is no reasonable probability that the jury could have convicted appellant of committing aggravated assault in the manner charged to the jury but not alleged in the indictment. Therefore, the erroneous jury…