Watson v. State

In addressing ground of error four, failure to charge on lesser included offense of aggravated assault in this aggravated robbery case, the Court, as if by rote, says that appellant was entitled to it “if there were testimony that if guilty at all, he was only guilty of the lesser included offense.” The two decisions we are invited to “see” in support of the statement are Eidred v. State, 578 S.W.2d 721 (Tex.Cr.App.1979), a panel opinion with one member dissenting, and Williams v. State, 575 S.W.2d 30 (Tex.Cr.App.1979), an opinion from a two member panel in which the second concurred in the…