Douglas v. State

OPINION

DORSEY, Justice.

Appellant O’Neil Douglas appeals his conviction for aggravated assault on a peace officer by threat. The appellant was indicted and tried for attempted capital murder. By a single point of error, the appellant argues that aggravated assault by threat was improperly included in the jury charge as a lesser included offense of attempted capital murder. We agree, reversing the judgment of the trial court and remanding for entry of an order of acquittal.

Background

On February 19, 1992, the appellant suffered an apparent psychotic episode in Yoa-kum, Texas. He ran through the…