Bingham v. State

DYESS, Justice.

The appellant was convicted of aggravated assault. The punishment, which was a mandatory assessment based on the jury’s findings that the appellant had been convicted twice before of felonies, was fixed at life imprisonment.

In his first ground of error, the appellant complains of the trial court’s refusal to submit a requested charge on the lesser included offense of resisting arrest.

As the appellant asserts, the offense of resisting arrest under Tex.Penal Code Ann., Sec. 38.03, (Vernon 1974) can be a lesser included offense of aggravated assault on a peace officer under Sec.…