Dirck v. State

579 S.W.2d 198 (1978)

Joe Riley DIRCK, Jr., Appellant,

v.

The STATE of Texas, Appellee.

No. 54370.

Court of Criminal Appeals of Texas, Panel No. 3.

May 17, 1978.

On Rehearing April 18, 1979.

Warren E. Hancock, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Henry K. Oncken, Asst. Dist. Attys., Houston, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Appellant was found guilty of this offense as a lesser included offense on an indictment charging murder with malice. Punishment was…