Irving v. State

OPINION

in which PRICE, WOMACK, JOHNSON, and COCHRAN, J.J., joined.

Appellant Charles Ray Irving was convicted of the offense of aggravated assault. On appeal, Appellant argued that the trial court erred in failing to instruct the jury-on the lesser-included offense of simple assault. The Ninth Court of Appeals held that Appellant was entitled to an instruction on the lesser-included offense and reversed and remanded the case to the trial court. We will reverse.

I. Facts

The evidence presented at trial showed that Appellant had known the victim, Phyllis Chargois, for almost 20 years, and that…