Harrell v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

This is an appeal from a conviction for murder. Punishment was assessed by the jury at 50 years. The Court of Appeals affirmed the conviction in an unpublished opinion. We granted the petition for review in order to consider appellant’s first ground of error in the Court of Appeals.

Appellant contends the trial court erroneously denied his request to instruct the jury on the lesser included offense of aggravated assault. He argues that the trial court erred in relying upon the rule that intent to kill will be presumed as a…