Martinez v. State

OPINION

KENNEDY, Justice.

In a trial before a jury appellant was convicted of aggravated assault. Punishment was assessed by the trial court at six years’ confinement and a fine of $3,000.

In his first ground of error, appellant contends that the State failed to prove that the victim of appellant’s assault suffered serious bodily injury as alleged in the indictment and as required by the charge to be proved. TEX.PENAL CODE ANN. § 1.07(a)(34) of the Texas Penal Code (Vernon 1974) defines “serious bodily injury” to mean “bodily injury that creates a substantial risk of death or that causes death,…