Green v. State

OPINION ON MOTION FOR REHEARING

O’CONNOR, Justice.

We withdraw our opinion of November 17, 1994, and issue this in its stead. This case forces us to choose between two cases on the issue regarding the proper definitions in an aggravated assault case. Compare Sneed v. State, 803 S.W.2d 833 (Tex.App.—Dallas 1991, pet. ref'd) (it was fundamental error to include references to conduct in the definitions) and Mott v. State, 835 S.W.2d 256, 259 (Tex.App.—Houston [14th Dist.] 1992, pet. ref d) (it was not error to include references to conduct in the definitions). These two cases, which cannot be…