Leal v. State

OPINION

JUNELL, Justice.

Appellant was tried by jury and convicted of aggravated assault. The court assessed punishment at 3 years’ confinement, probated. Finding no error, we affirm.

Appellant’s first ground of error is that the trial court erred in failing to instruct the jury on the defense of habitation as requested in writing by the defense. A recitation of the facts is necessary.

The complaining witness, Ronnie Lee Ginns, was a Houston City Marshall working part-time as a security guard at an apartment complex in which he lived. At about 9:45 p.m. the night of the incident Ginns responded…