Windham v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated assault which was committed on August 24, 1974; the jury assessed punishment of imprisonment in the Texas Department of Corrections for 2 years.

This record presents fundamental error of which we must take cognizance and review in the interest of justice under the provisions of Art. 40.09, Sec. 13, V.A.C.C.P. See Harris v. State, 522 S.W.2d 199 (Tex.Cr.App.1975). The charge which authorized the jury to find the appellant guilty of aggravated assault omitted one of the essential elements of the offense.…