Moon v. State

OPINION

CAYCE, Chief Justice.

James Ray Moon appeals his conviction for the misdemeanor offense of assaulting a family member. See Tex. Penal Code Ann. § 22.01 (Vernon Supp.2001). In two points, Moon argues that the State failed to prove each element of the offense as *592charged in the indictment and that the trial court erred when it admitted the victim’s oral and written statements under the excited utterance exception to the hearsay rule. We will affirm.

Moon’s wife, Cindy, called the police to their home at 11:59 p.m. on July 30, 1997. When Officer Varnel arrived at the house five minutes…