Smith v. State

LAGARDE, Justice.

Following a plea of not guilty, appellant was convicted by a jury of aggravated assault and assessed a punishment of six years’ confinement and a $5,000 fine.

Appellant asserts three points of error; namely, (1) that there is a fatal variance between the name of the complainant as alleged in the indictment (Richad, Morrell) and the evidence adduced at trial (Richard Morrell) and that the variance is not idem sonans; (2) that the trial court erred in allowing the prosecutor to impeach an eyewitness with “have you heard” questions involving appellant’s alleged prior arrests; and…