John Bell, Appellant v. the State of Texas, Appellee

Summary

The Court reversed John Bell's aggravated assault conviction, holding that reckless conduct is a lesser included offense of aggravated assault by a deadly weapon under Art. 37.09, and that the trial court erred by refusing a jury instruction on that lesser offense. The case was remanded for a new trial with the proper instruction. Justice TEAGUE, in a concurring opinion, agreed with the reversal but also argued that the indictment was defective and should be quashed.