State v. Blanco

OPINION

SEERDEN, Chief Justice.

Alfonso Blanco, appellee, was convicted of the offense of aggravated assault on his plea of not guilty. The trial court thereafter granted appellee’s motion for new trial. The State, in a single point of error, contends that the trial court abused its discretion in granting appellee’s motion. We affirm and remand for new trial.

Factual BackgRound

Appellee, appellee’s brother, Jose Mancias, Carlos Herrera, and Oscar Cantu were drinking beer together in the early morning hours of August 9,1995. While playing with a loaded pistol, appellee’s brother, Eduardo, shot and…