Criner v. State

OPINION DISSENTING TO DENIAL OF APPELLANT’S MOTION FOR REHEARING ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The indictment in this cause alleged that appellant caused serious bodily injury “by striking” his victim “in the head with a blunt instrument the nature of which is unknown to the Grand Jury.” The jury charge tracked the indictment in this respect. In his argument in the court of appeals that the evidence was insufficient to support the jury’s verdict, appellant urged, inter alia, that although there was evidence the victim suffered blunt trauma injury to the head,…