Kelly v. State

OPINION

Opinion By

Justice FITZGERALD.

A jury found Joel S. Kelly guilty of aggravated assault with a deadly weapon and assessed his punishment at seventeen years’ confinement. In two points of error, appellant contends the trial court erred in allowing the State to impeach its own witness with a prior inconsistent statement and in fading to hold an eviden-tiary hearing to determine whether a juror could continue to be fair and impartial after the juror witnessed appellant make a threatening gesture in court. We affirm the trial court’s judgment.

Background

Andre Johnson noticed a brown Monte…