Simms v. State

OPINION

GRANT, Justice.

Clarence Simms appeals from a conviction for aggravated assault. The jury assessed punishment at confinement for eight years.

Simms alleges that the court erred by refusing to include in the punishment phase charge the full range of punishment for a third degree felony as reflected in the Penal Code in effect at the time of the offense; that his motion to quash the indictment should have been granted by the court; that a fatal variance existed between the indictment and the proof presented at trial; and that the *722court egregiously failed to limit the definitions of…