Legal Opinion
Gilmore, Eric Jerome
Court of Criminal Appeals of Texas
Decided June 23, 2004No. PD-0469-99Published
1Opinion of the Court 1
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 0469-99
ERIC JEROME GILMORE, Appellant
v.
THE STATE OF TEXAS
ON DISCRETIONARY REVIEW
FROM THE ELEVENTH COURT OF APPEALS
TAYLOR COUNTY
2Opinion of the Court · WomackWomack, J.
Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., dissented
The question in this case is whether assault by means of hitting with fists is included within the offense of aggravated assault by means of stabbing with a knife. We hold that it is not.
A person commits a criminal offense only if the person voluntarily engages in conduct. (1) Conduct includes an act, an omission, or possession. (2) An act is…
3Cases cited3 opinions
- Rousseau v. StateCourt of Criminal Appeals of Texas · 1993
- Arevalo v. StateCourt of Criminal Appeals of Texas · 1997
- Phillips v. StateCourt of Appeals of Texas · 1988