Court of Criminal Appeals of Texas

Patrick Marshall v. the State of Texas

January 13, 20162016 Tex. Crim. App. LEXIS 3

Summary

The Texas Court of Criminal Appeals held that the trial judge's omission of the phrase “bodily injury” from the jury charge's application paragraph did not cause egregious harm and that the evidence was legally sufficient to support Patrick Marshall's felony assault conviction. Accordingly, the court reversed the Court of Appeals' judgment vacating the conviction and reinstated the jury's verdict. Justice Yeary filed a concurring and dissenting opinion disagreeing with the majority's view on egregious harm.