Sanford v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Punishment was probated after being assessed at confinement for five years and a fine of $1,000.

Appellant raises three grounds of error on appeal. The sufficiency of evidence is not challenged. It is contended that appellant was erroneously indicted for an offense which was governed by a more specific section of the Penal Code, and, in two grounds of error he argues the trial court erred in denying a request for an instruction to the jury on “recklessness.”

Ground of error one is stated as follows:

“That the…