Marshall v. Texas (original by judge keasler)
Annotate this CaseA jury convicted Patrick Marshall of felony assault against a family member. On appeal, the court of appeals held the evidence legally sufficient but the omission of the words “bodily injury” from the jury charge’s application paragraph egregiously harmed Marshall. The Court of Criminal Appeals agreed that the evidence was sufficient, but disagreed that the jury charge egregiously harmed Marshall because the jury charge sufficiently required the jury to find bodily injury by impeding normal breathing (a bodily injury per se). The Court therefore reversed the trial court's judgment.
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