Hill v. State

In his motion for rehearing appellant says we overlooked the fact that he filed written objection to the charge because the court failed to instruct on aggravated assault. Such objection does appear from the record but the point was not urged or mentioned in the motion for new trial, nor briefed by appellant, hence we failed to discuss it in our original opinion.

Appellant now contends such instruction was called for under the following authorities: Stroud v. State, 24 S.W.2d 52; Miller v. State, 112 Tex.Crim. Rep., 13 S.W.2d 865; Shannon v. State, 36 S.W.2d 521; Dawson v. State,70 Tex. Crim.…