Legal Opinion

Preston v. State

Texas Court of Appeals, 5th District (Dallas)

Decided July 24, 1984No. 05-82-01439-CRPublishedCited by 13 opinions

1Opinion of the Court

SPARLING, Justice.

Appellant was convicted of aggravated assault and sentenced to two years’ imprisonment. Appellant contends that (1) the evidence was insufficient because a verdict of acquittal on a companion case resolved a fact issue necessary to conviction; (2) there was insufficient evidence of a threat; (3) the indictment was insufficient because it failed to allege the manner and means of commission of the offense; and (4) the court erred by refusing to charge on reckless conduct. We affirm.

Inconsistent Verdicts

Appellant was separately indicted for using a deadly weapon to assault…

2Cases cited16 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Royster v. StateCourt of Criminal Appeals of Texas · 1981
  3. Lugo v. StateCourt of Criminal Appeals of Texas · 1984
  4. Burrell v. StateCourt of Criminal Appeals of Texas · 1975
  5. Haecker v. StateCourt of Criminal Appeals of Texas · 1978

11 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. St. Clair v. State, Texas Court of Appeals, 10th District (Waco)2000
  2. Justin Laroy Fagan v. State, Texas Court of Appeals, 6th District (Texarkana)2012
  3. Cantu v. State, Texas Court of Appeals, 13th District1997
  4. Dickerson v. StateCourt of Appeals of Texas · 1987
  5. Hare v. State, Texas Court of Appeals, 8th District (El Paso)1986

8 more not listed; retrieve them via the Exa API.

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