Hall v. State

OPINION

Opinion By

Justice MORRIS.

Although the State charged Aaron Junior Hall with murder, a jury found him guilty of aggravated assault by threat. Appellant now contends the trial court did not have jurisdiction to convict him of aggravated assault by threat because that particular crime is not a lesser included offense of murder. We agree with appellant and conclude the trial court was without jurisdiction to convict appellant of aggravated assault by threat. We accordingly vacate the trial court’s judgment.

The State’s indictment alleged appellant intentionally and knowingly caused the death…