Anthony Scott v. State

Scott-A v. state

IN THE

TENTH COURT OF APPEALS

No. 10-94-299-CR

ANTHONY SCOTT,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 8160-A

DISSENTING OPINION

A fair application of Blankenship v. State, 785 S.W.2d 158, 159-60 (Tex. Crim. App. 1990), and article 21.07 of the Code of Criminal Procedure would authorize the jury to convict Scott of assaulting Roy Gann, who testified that he was assaulted and that he had been called Ray Gann in the past. If evidence exists that the victim was known by the name alleged in the indictment, then the issue is…