Horn v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated assault. V.T.C.A. Penal Code, Sec. 22.02. The jury found appellant guilty and after finding he had been twice convicted of prior felonies, the court assessed punishment at life.

While we reverse this cause because of the trial court’s failure to respond to a timely objection to the charge, we first address appellant’s contention that the evidence is insufficient to support the conviction. See Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978). The indictment against appellant alleged “he did…