Scott v. State

Does the Constitution require an acquittal when the State alleges appellant committed an aggravated assault against “Ray” Gann but proves appellant committed an aggravated assault against “Roy” Gann, and the jury charge instructs the jury to convict if it found appellant committed an aggravated assault against “Ray” Gann? Because the majority refuses to grant the State’s petition for discretionary review to address this issue, I dissent.

The Court of Appeals held the evidence insufficient to support the conviction because “the evidence does not support the jury’s finding that [appellant]…