Court of Criminal Appeals of Texas
John Bell, Appellant v. the State of Texas, Appellee
July 10, 19851985 Tex. Crim. App. LEXIS 1697
Summary
The Court of Criminal Appeals of Texas reversed John Bell's aggravated assault conviction, holding that reckless conduct is a lesser included offense of aggravated assault with a deadly weapon and that the trial court erred by refusing a jury instruction on that lesser offense. The reversal is based on a statutory analysis of Art. 37.09, V.A.C.C.P., and the relationship between the mental states of intent and recklessness. The Court remanded for a new trial. Justice TEAGUE, concurring, agreed with the reversal but also argued that the indictment was defective and the trial court erred in overruling Bell's motion to quash the indictment.