Shelby v. State

ON MOTION FOR REHEARING

BAKER, Justice.

This opinion supplements our original opinion in this case and is in response to the appellant’s motion for rehearing.

Appellant was convicted of murder. The court’s charge contained an instruction on the lesser included offense of aggravated assault. In our original opinion which was not designated for publication, we overruled all of appellant’s points of error.

In his motion for rehearing appellant argues that this court failed to address the issue raised by appellant in his first point of error. This point of error was that the trial court erred in…