Court of Criminal Appeals of Texas

Freeman E. Thompson, Appellant v. the State of Texas, Appellee

October 30, 19741974 Tex. Crim. App. LEXIS 1919

Summary

The Court reversed Freeman E. Thompson's conviction for assault with intent to murder a peace officer and remanded for a new trial, holding that testimony denying intent to kill creates a factual issue that requires a jury instruction on the lesser included offense of aggravated assault. Two dissenting opinions argue the majority overreaches and would have affirmed the conviction.